Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44986 of 2012 ====================================================== Subodh Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 14-12-2012 Heard Mr. Nafisuzoha learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary learned Additional Public Prosecutor appearing for the State. Petitioner is in custody since 9-10-2012 in connection with Nauhatta P.S.Case No. 86 of 2010 registered for the offences punishable under [STATUTE] . The allegation against him, as per the F.I.R., is that he failed either to return or adjust the amount taken by him for the purpose of execution of certain works under various schemes in his capacity as Panchayat Sewak of Naula Gram Panchayat under Nauhatta Block. Learned counsel for the petitioner has drawn my attention to the order dated 2-1-12 passed in Cr.Misc. No. 43022/2012 by this Court by which in similar circumstance one Nand Kishore Kumar @ Nand Kishore Yadav who is also an accused in the same case has been granted bail with the conditions as mentioned in the Patna High Court Cr.Misc. No.44986 of 2012 (2) dt.14-12-2012 2 / 2 2 order. In view of above, let petitioner Subodh Paswan be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S.Case No. 86/10. It is made clear that petitioner will have to satisfy the same conditions as mentioned in order dated 2-1-2012 passed in Cr.Misc. No. 43022 of 2011. Naresh/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.