Case Facts:
Patna High Court Cr.Misc. No.25118 of 2012 (2) dt.30-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25118 of 2012 ====================================================== Binesh Prasad @ Dr. Babu Kumar, son of son of Ram Awatar Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 30-07-2012 Heard learned counsel for the petitioner and none appeared on behalf of the State. This application has been filed for the grant of regular bail to the petitioner who is in custody for the offences punishable under [STATUTE] . Petitioner is one of the named accused in this case being husband of Mukhiya with allegation of keeping several papers at residential house. Submission is of false implication and institution of the case in retaliation of Civil Writ Jurisdiction Case No. 19089/2011 filed at the instance of petitioner’s wife, the Mukhiya, who also has been granted privilege under section 438 Cr.P.C. vide order dated 26.4.2012 passed in Cr. Misc. No. 15270/2012 by a Bench of this Court. Patna High Court Cr.Misc. No.25118 of 2012 (2) dt.30-07-2012 Having regard to the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No. 414 of 2011, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.