Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20421 of 2012 ====================================================== Kanhaiya Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21838 of 2012 ====================================================== Jai Prakash Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 13-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the Assistant of Central Bank of India and villager are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged by the Branch Manager of the bank that on 23.01.2012, Rs. 2,95,000/- were found missing when In-Charge Cashier, Subhash Yadav accepted his guilt and promised to refund the amount very next day but when he did not turn up to refund the money, the FIR was lodged when the petitioners were not named in the FIR. During investigation, it has come that the petitioners were also one of the conspirators in committing Patna High Court Cr.Misc. No.20421 of 2012 (4) dt.13-08-2012 2/2 irregularity and defalcation with regard to K.C.C. loan amount. It is submitted by learned counsel for the petitioners that the thrust of accusation is against Subhash Yadav. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Siwan in connection with Siswan P.S. Case No. 12 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.