Case Facts:
Patna High Court Cr.Misc. No.8344 of 2012 (5) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8344 of 2012 ====================================================== Prakash Narayan Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 10.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] . Admittedly, petitioner was working as Nazir between year 2007 to 2009 and there was defalcation of crore of rupees of government money. Learned counsel for the petitioner submits that several officials enquired the allegation but all the officials made contradictory report and they were not sure as to how much amount had been defalcated. It is further contended by him that so many persons worked as Nazir in the concerned department but only petitioner has been prosecuted and the other persons have been left out by the informant as well as investigating agency. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail in connection with Sakatpur P.S. Case no. 15/2011 pending in the court of the Chief Judicial Magistrate, Darbhanga is, hereby, rejected. shahid (Hemant Kumar Srivastava,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.