Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16999 of 2012 ====================================================== Shahid Kamal .... .... Petitioner/s Versus The State Of Bihar through Cabinet Vigilance Bureau, Patna .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.14591 of 2012 ====================================================== Kamlesh Kumar Verma .... .... Petitioner/s Versus The State Of Bihar through Vigilance .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 14-09-2012 Heard learned counsels for the petitioners and the Vigilance. The petitioners being the District Programme Manager and the District Accounts Manager of the District Health Society, Kaimur are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 13 of the Prevention of Corruption Act. The accusation is of giving fund to the different Nursing Homes, doctors and the hospitals to the tune of Rs.4,17,25,000/- for conducting the different health schemes when on the basis of forged and Patna High Court Cr.Misc. No.16999 of 2012 (4) dt.14-09-2012 2/3 fabricated bills without approval of the District Magistrate the money has been adjusted. It is submitted by learned counsel for the petitioners that the cheques were issued by the Civil Surgeon with the co-signature of the District Magistrate when the recovery proceeding is going on and bulk of the amount has already been recovered. It is submitted by learned counsel for the Vigilance that the connivance of these petitioners also has been found during the investigation. Considering the fact that cheques were not signed by these petitioners, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-I, Patna in connection with Special Case No. 61 of 2011 arising out of Bhabhua P.S. Case No. 449 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Patna High Court Cr.Misc. No.16999 of 2012 (4) dt.14-09-2012 3/3 The bail bonds of the petitioners shall be accepted on filing affidavit that they will regularly co- operate in the investigation. The said affidavit will be transmitted to the I.O. concerned by the learned court below. The non-cooperation in investigation by the petitioners will give liberty to the prosecution to file application for cancellation of bail 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.