Case Facts:
Patna High Court Cr.Misc. No.8155 of 2012 (2) dt.24-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8155 of 2012 ====================================================== Pawan Kejariwal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-02-2012 The matter has been placed on the top at the request of learned senior counsel for the petitioners for matter being taken out of turn since wife of the petitioner has to go to Delhi for certain complication in the post heart surgery. Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . and Section 7 of the Essential Commodities Act. 748 bags of fertilizer were seized from the godown belonging to Dilip Sultania who conveyed that the godown has been taken on rent by this petitioner. It is submitted by learned senior counsel for the petitioner that godown has been taken on rent for running business of M/S Palak Fertilizer whose proprietor is brother of the petitioner Sushil Kejriwal. It is further submitted that subsequent verification was done when it was found that fertilizer and grains were kept in different places for being sold Patna High Court Cr.Misc. No.8155 of 2012 (2) dt.24-02-2012 in black market. Considering the fact that brother of the informant owns the responsibility of keeping the fertilizer in the godown of Dilip Sultania, let the petitioner namely Pawan Kejariwal, 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, Begusarai in connection with Phulwaria P.S. Case No. 160 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.