Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36759 of 2012 ====================================================== Mukesh Kumar @ Mukesh @ Rockey S/O Sri Ram Saw Resident Of Village & P.O. Akhgaon, P.S. Sandesh, District Bhojpur (Ara). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 19-10-2012 Heard Mr. Mahesh Narayan Parbat, learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Jehanabad P.S. Case No. 515 of 2011 registered for offence under [STATUTE] . Later on [STATUTE] have also been added. Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R., he has been made accused only on the basis of confessional statement of co-accused Pintu Singh and Birendra Singh and even that allegation is omnibus. Learned counsel submits that many of the accused have been granted bail and are out on bail and even Pintu Singh and Patna High Court Cr.Misc. No.36759 of 2012 (3) dt.19-10-2012 2 Birendra Singh who have named the petitioner in the confessional statement have been released on bail by co-ordinate benches of this Court on 01.08.2012 in Cr. Misc. No. 20186 of 2012 (Pintu Singh Vs. State of Bihar) and on 03.09.2012 in Cr. Misc. No. 29624 of 2012 (Birendra Singh Vs. State of Bihar). Learned counsel submits that the petitioner is in custody since 15.12.2011 and has clean antecedent. Learned A.P.P. for the State submits that the petitioner’s name has been disclosed by the co-accused and thus he is also involved in the crime and bail should not be granted to him. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Ad hoc A.D.J. III, Jehanabad in connection with Jehanabad P.S. Case No. 515 of 2011, S.T. No. 304 of 2012. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.