Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31713 of 2011 ====================================================== Abhishek Kumar, Son of Subhash Chandra Prasad, resident of Janta Kirana Store, P.O. Jhauganj, P.S. Chowk Patna City, Jhauganj Lane, Patna – 800 008. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 17-01-2012 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 up to paragraph – 30 dated 03/08/2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this case being posted as account officer in education department failed to maintain and submit AC/DC account. Submission is that petitioner was not to be posted in such department since he was an officer for project work. Moreover, no amount was entrusted at any point of time to him and whatever details were furnished by the concerned authorities, he only prepared and mentioned the same in due registers, and accordingly, submitted the bills. The investigation is still going on and different allotments, disbursements etc. is subject of scrutiny. Considering the facts and circumstances of the case, till Patna High Court Cr.Misc. No.31713 of 2011 (3) dt.17-01-2012 2/2 conclusion of the investigation/submission of charge-sheet, 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, Buxar, in connection with Buxar Town P.S. Case No. 72 of 2011, 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 till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen Kumar/- (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.