Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26837 of 2012 ====================================================== Sanjay Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26850 of 2012 ====================================================== Laxmina Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 30-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Secretary and Mukhiya are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the labourers under the MANREGA scheme were either not paid their wages or paid less wages or no money was deposited in their account. It is submitted by learned counsel for the petitioners that the postmaster’s statement has been recorded during investigation which suggests that out of 95 complainant labourers, most of them are getting old age pension, hence there was no question of Patna High Court Cr.Misc. No.26837 of 2012 (4) dt.30-11-2012 2/2 payment under MANREGA scheme when about three labourers, it is submitted that money was transferred in their account. It is submitted on behalf of Mukhiya that she is suffering from cancer and Ashok Kumar Singh who was working as Postmaster in place of his brother when the payments were made through post office, has been granted anticipatory bail by this Court vide Cr. Misc. No. 42664 of 2011. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial Ara) P.S. Case No. 36 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh 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.