Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20433 of 2012 ====================================================== Purushottam Yadav .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-06-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the complainant went to the Block Development Officer who allowed this petitioner in private person to process the application of the complainant. The relevant documents were taken from the complainant when Rs. 6,000/- was demanded by the petitioner but the same was not paid by the complainant. Subsequently the complainant’s name did not included in the beneficiary list and Rs. 20,000/- was drawn by some person in the name of the complainant and when the complainant raised objection then the petitioner offered Rs. 6,000/- and promised to pay rest amount subsequently. Patna High Court Cr.Misc. No.20433 of 2012 (2) dt.22-06-2012 2 / 2 2 It is submitted by learned counsel for the petitioner that the petitioner is neither the sanctioning nor disbursing authority and there is no proof at any relevant time that the petitioner processed the application of the complainant. Considering the nature of accusation, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 607(C) of 2008 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.