Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22486 of 2012 ====================================================== Dinesh Prasad Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-08-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Clerk-cum-Cashier of the State Bank of India is apprehending arrest in connection with Banka P.S. Case No. 411 of 2008 registered for the offences punishable under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Bhagalpur. It is alleged that from 17.10.2002 to 11.02.2006, Rs. 26, 22,065/- with regard to the registration office, was not deposited in the treasury. It is submitted by learned counsel for the petitioner that no challan was submitted before the bank hence there was no occasion for the bank to transmit the challans to the treasury. It is further submitted that thrust of accusation is against the officers of the treasury office and illegality was recorded during the audit then the FIR was lodged when the bank never Patna High Court Cr.Misc. No.22486 of 2012 (3) dt.16-08-2012 2/2 initiated any proceeding against the petitioner. It appears that other accused Rajiv Kumar Singh has been granted regular bail by this Court vide Cr. Misc. No. 36798 of 2011. This Court sees no reason for the learned court below not to give the same privilege to the petitioner if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh 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.