Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31086 of 2012 ====================================================== Siyaram Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26760 of 2012 ====================================================== Ankit Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30223 of 2012 ====================================================== Deo Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 16-10-2012 Heard learned counsels for the petitioners and the State. The petitioners being Junior Engineer and Panchayat Rojgar Sewak are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the government money under Manrega scheme were defalcated by forged withdrawal from the post office by making manipulations in the withdrawal forms. It is submitted that the petitioner have no specific role Patna High Court Cr.Misc. No.31086 of 2012 (2) dt.16-10-2012 2/2 in withdrawal of the amount. Enquiry report of the Assistant Collector and Director Accounts dated 21.10.2011 reflects that the petitioners were also involved in the entire defalcations. Let the learned court below consider the regular bail of the petitioners in case the petitioners surrender within six weeks from today in connection with Parasbigha P.S. Case no. 2 of 2012 pending in the court of learned C.J.M., Jehanabad. It is expected from the learned below to dispose of the bail application of the petitioner Ankit Kumari preferably on the same day, if possible. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. Anil/- (Dinesh Kumar 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.