Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25200 of 2012 ====================================================== Amal Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25967 of 2012 ====================================================== Rajeev Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 01-08-2012 Petitioners being Programme Officer and Technical Assistant are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The F.I.R. was lodged by the Block Development Officer-cum-Programme Officer, Bachhwara block to the effect that on spot verification and inspection of records, it was found that irregularity was committed in different MANREGA schemes with regard to funds sanctioned for Gram Panchayat, Chiranjibipur in Scheme Nos. 14/2010-11, 17/2010-11, 24/2010-11, 46/2010-11, 49/2010-11, 50/2010-11. It is submitted by learned senior counsel for the petitioners that with regard to Scheme No. 13/2010-11 and 18/2010-11, the enquiry report submitted by the Director, Patna High Court Cr.Misc. No.25200 of 2012 (3) dt.01-08-2012 2 / 2 2 NEP, Begusarai suggests that they were found satisfactory and with regard to rest of the schemes, it was found that measurement was not entered into the measurement book for which the Programme Officer was held responsible that he did not issue necessary instructions to the engineers. With regard to some of the schemes, it has been alleged that without measurement, payments have been made. Considering the enquiry report which suggests only irregularities on the basis of which misappropriation has been presumed, let the petitioners namely 1. Amal Kumar 2. Rajeev Kumar, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 22 of 2012. 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.