Case Facts:
Patna High Court Cr.Misc. No.10256 of 2012 (2) dt.06-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10256 of 2012 ====================================================== Suresh Prasad Yadav, son of Late Gore Lal Prasad Yadav, Headmaster Primary School Sabaila (Tiri) P.S. Sour Bazar (O.P. Baijnathpur), District- Saharsa at present resident of Village-Chandour, P.S. Sour Bazar, District- Saharsa(Bihar). .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 06-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with sour Bazar P.S. Case No. 289 of 2011, registered under [STATUTE] . There is allegation against the petitioner is that he defalcated of Rs. 1, 34, 852 and Rs. 25, 000/- for construction of boundary wall as well as for sports. Learned counsel for the petitioner submits that the petitioner has been deposited Rs. 1, 34, 852 and Rs. 25,000/- in the account of VSS Primary School, Sabaila (Tiri). The petitioner is in custody since 17. 11. 2011. Under the above facts and circumstances of the case the above named petitioner is directed to 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 the Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S. Case No. 289 of 2010, subject to satisfaction of the court below about alleged deposit of money in the account of the school. m.p. (Gopal Prasad, 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.