Case Facts:
Patna High Court Cr.Misc. No.48434 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48434 of 2012 ====================================================== Ramnarayan Mukhia son of Late Prithwilal Mukhiya .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 17-12-2012 Heard Mr. Anil Prasad Singh, learned counsel for the petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State. The petitioner is in custody since 11.10.2012 in connection with Sikty P.S. Case No. 63 of 2007 for the offences punishable under [STATUTE] . On 11.10.2012 the First Information Report has been instituted on the basis of written report of the Block Development Officer, Sikty and the Officer-in- Charge of the Police Station containing allegation to the effect that the petitioner, even after his transfer from his place of posting to Araria Block, did not handover the charge nor he got the audit of the concerned account done, which according to the informant was a source of financial irregularities. According to the informant suspicion of misappropriation of public money by the petitioner got confirmed when the petitioner did not handover the charge with the intention of committing Patna High Court Cr.Misc. No.48434 of 2012 (2) dt.17-12-2012 breach of trust. Learned counsel appearing on behalf of the petitioner submits that no offence is made out under [STATUTE] and on the basis of the contents of First Information Report he further submits that there is no allegation of misappropriation of public money for his personal gain. In view of the facts of the case and in view of the submissions made on behalf of the petitioner, let the petitioner Ramnarayan Mukhia be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Sikty P. S. Case No. 63 of 2007. Saif/- (Chakradhari Sharan 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.