Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22820 of 2012 ====================================================== Kumar Himanshu & Ors. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.22824 of 2012 ====================================================== Nand Kishore Jha & Anr. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 29-08-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of non-adjustment of Rs. 1,95,84,940/- being advanced to 26 government employees including the petitioners for execution of government schemes between March 1996 to 2007 which was detected during audit objection. It is submitted by learned counsel for the petitioners that amount advanced was either adjusted or the petitioners are ready to submit the requisites vouchers of the alleged amount or return the alleged balance amount advanced to the Patna High Court Cr.Misc. No.22820 of 2012 (3) dt.29-08-2012 2 / 3 2 petitioners. It is also submitted that for the advance made in 1996 to 2007, the case has been lodged in 2010. Considering the aforesaid stand of the petitioners, let the petitioners, Kumar Himanshu, Umesh Paswan, Shyamanand Ram, Janardan Prasad Singh, Vijay Kumar Paswan, Sibu Paswan, Nand Kishore Jha and Bidhan Chandra Ray be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Nawhatta P.S. Case No. 86 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let the learned court below issue notice to the informant who will verify the actual advance still remained with the petitioners and will supply the demand notice of balance amount still lying with the petitioners and the said balance amount will be returned by petitioners within three months after the receipt of demand. The informant/authorities while calculating the due amount will meticulously deduct the adjusted amount. Patna High Court Cr.Misc. No.22820 of 2012 (3) dt.29-08-2012 3 / 3 3 The provisional bail of the petitioners will be confirmed by the learned court below if the petitioners shall be able to return the balance amount after adjustment. 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.