Case Facts:
Patna High Court Cr.Misc. No.4215 of 2012 (2) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4215 of 2012 ====================================================== Sudhir Kumar Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 09-02-2012 Petitioner being Assistant Engineer in N.R.E.P., Ara is apprehending his arrest in a case registered for the offences under [STATUTE] . It is alleged against the petitioner that advance of Rs. 2,82,55,457/- of NREP schemes has been misappropriated. It is submitted by learned counsel for the petitioner that work were being done by the two Junior Engineers being executing agents namely Fauzidar Singh and Awadh Bihari Mishra who failed to supply the account which gets corroborated from the letter dated 24.01.2012 issued by the Executive Engineer, National Rural Employment Programme, Bhojpur, Ara to the petitioner which reflects that alleged amount of Rs. 2,82,55,457/- has been adjusted on verification of the account submitted by the petitioner and petitioner has been directed to give the account for Rs. 1,96,07,194/- so that action may be taken for adjustment of the aforesaid amount. Hence in view of the aforesaid letter of the Executive Patna High Court Cr.Misc. No.4215 of 2012 (2) dt.09-02-2012 Engineer, learned senior counsel for the petitioner submits that it is not a case of misappropriation, rather it is a question of not giving the account for the money advanced to the petitioner and its adjustment. It is submitted that since Junior Engineers are executing agents of the work, hence on submission of the accounts by them, petitioner has to submit the accounts for its adjustment. It is submitted that petitioner undertakes to give the account for the aforesaid amount of Rs. 1,96,07194/- as directed by the Executive Engineer. Considering the aforesaid submission which suggests the accusation of irregularity, let the petitioner namely Sudhir Kumar Sharma, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail 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, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 135 of 2011. Shageer/- (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.