Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21548 of 2012 ====================================================== Dharmanand Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 26-06-2012 Heard learned counsels for the petitioner and the State. The petitioner being the teacher of the school is apprehending his arrest in a case registered for the offence punishable under [STATUTE] . It is alleged for the construction of school Rs.26,55,000/- was sanctioned. The petitioner was incharge of the construction work when the Technical Supervisor found the work worth Rs.23,00,000/-, when it is submitted that the petitioner has deposited Rs.2,00,000/- in the bank and the petitioner has performed the work of Rs.1,55,000/-. It is submitted by learned senior counsel for the petitioner that the petitioner is ready to submit the Patna High Court Cr.Misc. No.21548 of 2012 (3) dt.26-06-2012 2/2 bill of Rs.1,55,000/- or to compensate the amount if it is found due against the petitioner. Considering the aforesaid undertaking of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Tarabari P.S. Case No. 12 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner will be accepted on filing affidavit about the aforesaid undertaking by the petitioner. The said affidavit will be transmitted to the authorities of the school in question by the learned court below. 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.