Case Facts:
Patna High Court Cr.Misc. No.1924 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1924 of 2012 ====================================================== Kaushlendra Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 23-01-2012 Heard learned counsels for the petitioners and the State. The petitioner being the Secretary of Bihar Gramin Jagrukta Abhiyan Samitee is apprehending his arrest in a case registered under [STATUTE] . It is alleged that during inspection it was found that attendance register showed presence of ten women when only two women were found present and name of six women were wiped out from the records by applying whitener. It is further alleged that seven employees were shown in the attendance register to be present but only one employee was present at the time of inspection, the cook was also absent. It is submitted by learned counsel for the petitioner that the investigation is still going on and the misappropriation of the fund is not alleged against the petitioner as he is not Patna High Court Cr.Misc. No.1924 of 2012 (2) dt.23-01-2012 authorized to disburse the amount. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 17/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra/- (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.