Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6015 of 2012 ====================================================== 1. Shailesh Kumar S/O Sri Jay Nandan Prasad Singh Sales Manager, Maurya Motors Limited, C-5, Patliputra Industrial Area, P.S. Patliputra, Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . The case arises out of a complainant. It is contended that the petitioner is not an employee of Tata Motors Finance Limited but is an employee of Maurya Motors Ltd. The dispute essentially relates to accounting and allegation is against Tata Motors Finance Limited for none adjustment of excess amount of Rs.6,771/-. It is also submitted that from the allegation made in the complaint none of the ingredients for the offence under [STATUTE] is made out as against the petitioner as he is not entrusted with any money. Patna High Court Cr.Misc. No.6015 of 2012 (2) dt.08-02-2012 2 considering the facts and circumstances of the case let the petitioner named above, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Complaint Case No.1491C of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and also subject to the condition that (i) both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner, (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority, (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstance for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through the counsel and (iv) that liberty is given to the complainant/State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violates any of the Patna High Court Cr.Misc. No.6015 of 2012 (2) dt.08-02-2012 3 conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.