Case Facts:
Patna High Court Cr.Misc. No.12862 of 2012 (3) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12862 of 2012 ====================================================== Awadhesh Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 15-05-2012 Heard learned counsels for the petitioner and the State. The petitioner being Godown Manager of the FCI is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the petitioner is that on the basis of fictitious ground delivery, 34845 quintals 33 Kg. 304 grms of grains were misappropriated as the grains could not reach to the actual destination. It is submitted that the petitioner is not responsible for reaching the grains at the destined place as he is only responsible for giving the ground delivery of the grains under the valid order of the FCI authorities. It is further submitted that on 25.7.2011 the FIR was lodged when the petitioner retired on 31.7.2011 and the petitioner has unblemished service. It is also submitted that petitioner was not able to produce the documents since the petitioner was previously suspended on lodging of the case and Patna High Court Cr.Misc. No.12862 of 2012 (3) dt.15-05-2012 now he has retired. Considering the aforesaid fact, since the petitioner has retired from service, let the learned court below consider the regular bail of the petitioner sympathetically in case the petitioner surrenders within six weeks from today in connection with Laheri P.S. Case no. 162 of 2011 pending in the court of C.J.M., Nalanda at Biharsharif. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. Anil/- (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.