Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9178 of 2012 ====================================================== 1. Devendra Thakur S/O Late Ramji Thakur Resident Of Village- Haripur Barhetta, P.S.- Sarairanjan, Distt.- Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that initially a complaint was filed which was sent to the police for institution of the first information report and investigation of the case under section 156(3) of the Cr.P.C. The allegation is malicious in nature and has been made with oblique motive. A loan of Rs.2,10,000/- was sanctioned by the bank in the name of “Lokpriya Swangya Sahayta Samuh” which was withdrawn by all the three persons handing the committee, namely, Devendra Thakur (petitioner), Ram Prakash Thakur (informant) and Ramashray Thakur (Secretary). The amount withdrawn was invested in purchase of raw materials and Patna High Court Cr.Misc. No.9178 of 2012 (2) dt.29-02-2012 2 apparatus for business. From the income of the business instalment was paid regulary to the bank against loan amount and till 31.12.2011 Rs.35,264/- only is due to be paid. The dispute, if any, is essentially of civil nature and relates to accounting in transaction of business. The petitioner is said to be in custody since 25.11.2011 Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Sarairanjan P.S. Case No.71 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, Patna High Court Cr.Misc. No.9178 of 2012 (2) dt.29-02-2012 3 he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.