Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44438 of 2012 ====================================================== Awadh Bihari Mishra S/O Late Kedar Nath Mishra Resident Of Mohalla- Bank Colony, Vishnu Nagar, Anaith, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-12-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Junior Engineer in N.R.E.P., Arrah, is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against the accused persons that an advance of Rs. 2,82,55,457/- of N.R.E.P. was given, which has been misappropriated. It is submitted that the work was being done by the petitioner and other Junior Engineer being executing agents. Moreover, the letter dated 24.01.2012 issued by the Executive Engineer, Patna High Court Cr.Misc. No.44438 of 2012 (2) dt.05-12-2012 2 / 3 2 National Rural Employment Programme, Bhojpur, Arrah, issued to Sudhir Kumar Sharma, Assistant Engineer, reflects that the alleged amount of Rs. 2,82,55,457/- has been adjusted on verification of the account submitted by Sudhir Kumar Sharma. Sudhir Kumar Sharma was directed to submit account of Rs. 1,96,07,194/- so that action may be taken for adjustment of the aforesaid amount. Considering the undertaking given by Sudhir Kumar Sharma that he will submit the account of the aforesaid amount, Sudhir Kumar Sharma has been granted anticipatory bail by this Court vide Cr. Misc. No. 4214 of 2012. The petitioner also undertakes to submit the account of the balance amount remained with the petitioner within a period of three months from the date of receipt or production of copy of this order. 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 Ara Nawada P.S. Case No. 135 of 2011 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. Patna High Court Cr.Misc. No.44438 of 2012 (2) dt.05-12-2012 3 / 3 3 Bhojpur, Ara, 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.