Case Facts:
Patna High Court Cr.Misc. No.6008 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6008 of 2012 ====================================================== 1. Gautam Kumar S/O Surender Singh R/O Goptalpur, P.S.- Warsaliganj, Distt.- Nawada. .... .... 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 registered for the offence punishable under [STATUTE] and section 7 of the Essential Commodities Act It is contended that admittedly the petitioner was an employee of gas agency in question. The allegation is that in stead of fixed price of Rs.410.50 per cylinder, Rs.425/- was being charged from the consumer. The contention is that the petitioner is a student and he was doing part time job. The c-accused Praveen Kumar is owner of the gas agency in question. It is also submitted that the save and except the ocular allegation, there is no documentary evidence to support the charge of over pricing. 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 Patna High Court Cr.Misc. No.6008 of 2012 (2) dt.08-02-2012 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Warsaliganj P.S. Case No.123 of 2011 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 State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.