Case Facts:
Patna High Court Cr.Misc. No.38769 of 2012 (2) dt.11-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38769 of 2012 ====================================================== Anirudh Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-10-2012 Heard learned counsels for the petitioner and the State. The petitioner being Junior Engineer is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner in connivance with other executing agents misappropriated the government money by not executing the work. Petitioner’s earlier bail application was rejected on 21.7.2006 vide Cr. Misc. No. 25940 of 2006. The prayer has been renewed on the ground that other accused Kapindra Tiwari whose prayer for anticipatory bail was earlier rejected vide Cr. Misc. No. 33121 of 2008, has subsequently been granted bail vide Cr. Misc. No. 10440 of 2008 in view of the fact that other accused was granted anticipatory bail by the Apex Court. This court is not inclined to revise the earlier order. Patna High Court Cr.Misc. No.38769 of 2012 (2) dt.11-10-2012 Let the learned court below consider the regular bail of the petitioner keeping in view that others have been granted anticipatory bail and the investigation is still pending in case the petitioner surrenders within six weeks from today in connection with Tekari P.S. Case no. 15 of 2006 pending in the court of learned C.J.M., Gaya. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. Anil/- (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.