Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17366 of 2010 ====================================================== Anil Kumar S/O Sri Girja Gope R/O Munna Chak,P.O.-Lohia Nagar,P.S.- Patrakar Nagar,Dist.-Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Prabhunath Kumar Azad S/O Late Baccha Ram R/O Panchsheel Bhawan,Vill.-Bhatwalia,P.O.-Barhani Bazar,Dist.-Siwan,Presently Residing At V-21,Vidyapuri,Kamkarbagh,Patna-800020. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr.Kr.Binode Bariar For the Opposite Party/s : Mrs. Pushpa Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 28-06-2012 Heard. The petitioner has approached this Court under Section 439(2) of the Code of Criminal Procedure, 1973 questioning the correctness of the order dated 7th December 2009 passed in ABP No. 7156 of 2009 by the learned Sessions Judge, Patna granting anticipatory bail to Opposite Party No. 2 in a criminal prosecution registered under [STATUTE] . and Section 138 of the N.I. Act. On hearing the learned counsel appearing on behalf of the petitioner at length and on consideration of the materials available on record, this Court does not find that it is a fit case where powers under Section 439(2) Cr. P. C. should be exercised for cancellation of bail granted to Opposite Party No.2 in terms of Section 438 Cr. P.C. Accordingly, application stands dismissed. Learned counsel for the petitioner, however, submits that the trial of Opposite Party No.2 has been taken up and the evidence is being recorded by the learned trial Court. In the aforesaid circumstances, the learned trial court is directed to expedite the hearing of the trial of the Opposite Party No.2 and an endeavour should be made to conclude the same at an earliest possible, preferably within a maximum period of six months from the date of production/receipt of a copy of the present order. BTiwary/- (Birendra Prasad Verma, 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.