Case Facts:
Patna High Court Cr.Misc. No.25373 of 2012 (2) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25373 of 2012 ====================================================== Abhinath Kumar @ Abhiya D/o Khageshwar Das .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 09.07.2012 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 10.01.2012 in connection with Purnia Sadar (Muffasil) P.S. Case No. 17 of 2012 for the offence alleged under [STATUTE] . 3. The informant, being the driver of the truck has alleged that he along with the petitioner, who was Khalasi of the said truck was carrying Maize from Purnea to Guwahati. It is alleged that on the way, the informant was given food cooked by the petitioner which made him unconscious and thereafter the petitioner is said to have snatched away cash and mobile phone from the informant as also from the driver of another truck belonging to the same owner. 4. Learned counsel for the petitioner has vehemently submitted that the entire story is an imagined one, which is evident from the fact that the First Information Report has been instituted more than one month after the alleged date of occurrence for which no explanation is forthcoming. It is also stated that there are no eyewitnesses to the incident to corroborate the story of the informant. It Patna High Court Cr.Misc. No.25373 of 2012 (2) dt.09-07-2012 has further been stated that the medical report has also not been produced nor the informant or the driver of the other truck examined in course of the investigation. 5. Considering the aforesaid facts and especially that the First Information Report has been instituted more than one month after the date of occurrence without any valid explanation which casts serious doubt about the veracity of the allegations, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned F.T.C. 3rd, Purnia in S.T. No. 231/2012 arising out of Purnia Sadar (Muffasil) P.S. Case No. 17 of 2012 on the following conditions- (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Fahad. (Vikash Jain, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.