Case Facts:
Patna High Court Cr.Misc. No.28726 of 2012 (3) dt.05-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28726 of 2012 ====================================================== 1. Jawahar Mukhiya S/O Late Raja Mukhiya Resident Of Village- Patuari, P.S.- Bihara, District- Saharsa at present posted as Karamchari , Salkhua and Prabhari Panchayat Sachiv, Kabira, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 05-09-2012 On the basis of written report submitted by the Block Development Officer, Salkhua, Salkhua P.S. Case No.4 of 2011 was registered under [STATUTE] . The petitioner is one of the named accused in the aforesaid case. During relevant period he was posted as Panchayat Sachiv, Kabira. It has been alleged that a large scale of bungling was committed in withdrawal of the amount under Indira Awas Scheme by the accused persons in conspiracy with each other including the petitioner. Earlier also, the petitioner had moved for grant of anticipatory bail which was withdrawn after some argument. In view of serious nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. It is dismissed, accordingly. 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.