Case Facts:
Patna High Court Cr.Misc. No.30892 of 2012 (3) dt.23-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30892 of 2012 ====================================================== Anil Sada .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.31159 of 2012 ====================================================== Laxmi Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Mukhiya and Up-Mukhiya are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that petitioners in connivance with Panchayat Secretary withdrew Rs.8,60,000/- with regard to the fixed salary of Panchayat Teachers of Dahma, Khairi and Khutaha Patna High Court Cr.Misc. No.30892 of 2012 (3) dt.23-11-2012 Panchayats from April, 2009 to July, 2010. It is submitted by learned counsel for the petitioners that Radheyshyam Prasad Yadav, Panchayat Secretary admitted this fact on stamp paper that he withdrew the money and uses for his personal purposes and he will deposit the said money. The admission of Radheyshyam Prasad Yadav has been brought on record as Annexure-2. It is submitted by learned counsel for petitioner Anil Sada that in para 39 of the case diary it has come that when the money was withdrawn by Radheyshyam Prasad Yadav he was in jail. Considering the thrust of accusation and the admission of Radheyshyam Prasad Yadav, it is a fit case for consideration of regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Morkahi P.S. Case No. 05 of 2012 pending in the court of learned CJM, Khagaria. With the aforesaid observation, these applications are disposed of. Let the order be transmitted to the Patna High Court Cr.Misc. No.30892 of 2012 (3) dt.23-11-2012 learned court below through fax at the cost of the petitioners. DKS/ (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.