Case Facts:
Patna High Court Cr.Misc. No.28062 of 2011 (5) dt.09-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28062 of 2011 ====================================================== 1. Daya Nidhi Singh S/O Late Satyadeo Singh R/O Mohalla Saket Nagar, P.O. & P.S. Sasaram, Distt. Rohtas .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kanhaiya Prasad Singh, Sr. Adv. with Mr. Chandra Mohan, Adv. For the informant : Mr. Rama Kant Sharma, Ad. For the State : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 09-04-2012 Heard learned counsel for the petitioner and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] . There is allegation that the informant have supplied metal to ECI Company, Amara Talab, Jamuhar, Rohtas worth of Rs.4,63,61,153.79 crores and the said amount stands due and it is alleged that the company is about to flee away defalcating the amount. The learned counsel for the petitioner submits that the ECI is a very reputed company and the matter concerned with the supply of metal and, hence, allegation having been accepted on the face value is a case of breach of contract and the petitioner is only a Project Director for development of State’s High Way in the State of Bihar under Rashtriya Sam Vikas Yojna, Package no. 6, and the petitioner is not responsible for the same and the appointment of the petitioner on the basis of power of attorney has been withdrawn with effect from 30th September, 2007. The learned counsel for the informant submitted according to paragraphs 29, 30 and 36 of the case diary the money demanded was not paid though it has been stated that it is a matter of defalcation, but, there is no instance and there is no material in the case diary to suggest that the petitioner ever withdrew any amount or put in his pocket or defalcated any amount. However, it is stated that the money is still not paid and though it has been Patna High Court Cr.Misc. No.28062 of 2011 (5) dt.09-04-2012 2 stated that it was moral duty of the petitioner to pay the money, but, the moral duty does not make out an offence, as alleged. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender of the petitioner, he is directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sasaram (Mofassil) P.S. Case No. 19 of 2010 to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. SA/- (Gopal Prasad, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.