Case Facts:
Patna High Court Cr.Misc. No.40304 of 2011 (3) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40304 of 2011 ====================================================== Bhagwan Singh, son of Late Rameshwar Singh, residing at Opp. Kasera, Toli, P.S. – Daudnagar, P.S. – Daud Nagar, District – Aurangabad. At present posted as Assistant Engnieer, Hajipur Division, Bihar Police Building Construction Corporation, Hajipur Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 29-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] , is solitary named accused in this case being Junior Engineer at the relevant time involved in execution of different government schemes under MLA fund. Submission is that institution of the case on 23.12.2010 on the basis of anti dated report dated 11.11.2008 without any explanation but just in retaliation of the activities of the petitioner made in exercise of his rights under the Right to Information Act up to highest appellate authorities seeking certain information about the schemes and payment etc., in continuance of raising his grievances in the meeting of Coordination Committee organized at district level as early as 25.10.2007 vide annexure – 7, whereon the then District Magistrate ordered for action to be taken against the person involved as pointed out by the petitioner during meeting but nothing could be done. Even, vide annexure – 4 the petitioner submitted relevant details to the then Patna High Court Cr.Misc. No.40304 of 2011 (3) dt.29-02-2012 District Magistrate on 13.03.2008 nothing could be done and just to save skin of the persons involved being influential and political background the petitioner has falsely been implicated as a scapegoat. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, 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, Gaya, in connection with Civil Lines P.S. Case No. 406/2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional 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.