Case Facts:
Patna High Court Cr.Misc. No.16409 of 2011 (6) dt.01-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16409 of 2011 ====================================================== Kailash Prasad Sinha, son of late Onkar Pd. Sinha, resident of village – Salempur, P.S. – Surajgarha (Manikpur), District – Lakhisarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 01-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/Xerox copy of the case diary. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] , is solitary named accused in this case being agent of the Bank to collect contribution of different customers on daily basis with allegation of causing defalcation and specifically not depositing the amount so collected during relevant period. Submission is on the basis of Annexure – 2 that the amount collected during 23 – 25.11.2010 due to certain illness petitioner deposited on the following day just on recovery and is also evident from the report received from the Bank as called for vide earlier order dated 24.05.2011. It is pointed out by learned Additional Public Prosecutor that the said report further indicates some allegations of non-depositing the amount so collected from the customers and matter is pending investigation. Submission is of total denial of allegations and deposit of entire amount so collected. In view of the above, in the event of his arrest/surrender before Patna High Court Cr.Misc. No.16409 of 2011 (6) dt.01-03-2012 the court below within four weeks, till conclusion of investigation/submission of charge-sheet, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha P.S. Case No. 230/2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till conclusion of investigation/submission of charge- sheet, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.