Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20210 of 2012 ====================================================== Diwakar Kumar, S/O Late Sukhdeo Prasad Sah, Resident Of Village- Maniarchak, P.S.- Bariyarpur, District- Munger, At Present Resident Of Mohalla- Gayatri Nagar, Renter In The House Of Binod Prasad Gupta, Ward No.-9, Dan Nagar, P.S.- Khagaria, District- Khagaria .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 3 05-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . The petitioner had earlier moved this Court for anticipatory bail vide Cr.Misc.No.10079 of 2000, which was allowed by a Bench of this Court vide order dated 14.08.2000 with an observation that if ultimately charge sheet was submitted against the petitioner then he would have to seek fresh bail in accordance with law. The said learned Judge in his above noted order had found as follows:- “It has been submitted on behalf of the petitioner that he was Branch Manager of Khagaria Branch of one non-banking financial institution-The Memorial Finance Investment Ltd. from 28.11.1992 to 5.3.1994 and this case filed by an agent of the said company at Khagaria has been lodged on 22.5.1999 much after the petitioner had left Khagaria. Allegations have been levelled against the complainant/informant Patna High Court Cr.Misc. No.20210 of 2012 (3) dt.05-06-2012 2 and on the basis of supervision report, it has been submitted that the Supervising Officer has found the complainant/informant also guilty of charges. In spite of police having investigated the case for about a year, the case diary does not show any attempt by the IO to systematically record the loss caused to the various depositors on account of the alleged offence nor any verification appears to have been made from the Head Office of the company said to be located at Calcutta as to whether the amount which has been collected from the depositors against receipts were actually deposited in the headquarters of the company or not.” From the facts and circumstances of this case it appears that there is merit in this petition filed by the petitioner, who has got no criminal antecedent, but in spite of that he is in custody since March, 2012. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prashant Kumar, Judicial Magistrate, 1st Class, Khagaria in connection with Khagaria P.S. Case No. 232 of 1999 (G.R. No.666 of 1999). Harish/- (S.N. Hussain, 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.