Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42811 of 2012 ====================================================== Tuliya Mandal @ Tulai Mandal Son Of Late Palak Mandal The Then Panchayat Sachiv, Jakhar Dharampur Panchayat, Resident Of Village - Fatehpur, P.S. - Rosera, District - Samastipur. .... .... Petitioner. Versus The State Of Bihar. .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-12-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of installing sub-standard solar lights after purchased from un-authorized dealer. It is submitted by learned counsel for the petitioner that the report of the Block Development Officer reflects that 20 solar lights were installed in 2006-07 and 2007-08 though it was not purchased from the authorized dealer and those lights were not in working condition on the alleged date but it is repairable. It is further submitted that on the Patna High Court Cr.Misc. No.42811 of 2012 (2) dt.14-12-2012 2 / 2 2 alleged date, there was no authorization for purchase from BREDA when purchase was made after approval when installation of lights has been found by the Enquiring Officer. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Rosera P.S. Case No. 81 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Rosera, District-Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.