Case Facts:
Patna High Court Cr.Misc. No.26006 of 2012 (3) dt.27-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26006 of 2012 ====================================================== Mahendra Prasad Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-11-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under [STATUTE] . The accusation is of misappropriating Rs.7,64,778/- by the petitioner being the Branch Manager and Rajendra Kumar, Cashier of the Co- operative Bank. It is submitted by learned counsel for the petitioner that the proceeding was initiated against the Cashier when during enquiry petitioner’s connivance was also found. The amount misappropriated between the periods 2002-04 when the petitioner retired on 31.01.2004. A statement has been made in para 15 that Patna High Court Cr.Misc. No.26006 of 2012 (3) dt.27-11-2012 the petitioner has no criminal and satisfactory service career. Considering the fact that FIR has been lodged after seven years of the retirement 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 CJM, Nawada in connection with Nawada Town P.S. Case No. 386 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.