Case Facts:
Patna High Court Cr.Misc. No.5878 of 2012 (2) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5878 of 2012 ====================================================== Dharm Nath Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8133 of 2012 ====================================================== Vishnukant Jha@Bishnukant Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-02-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on the order of the department informant took delivery of 135.12 quintals of rice of PDS dealer Sanjay Kumar Mahto. It is alleged that petitioner Vishnukant Jha, Junior Engineer was directed by the Executive Engineer to accompany the informant when informant, after receiving the grains, on 07.03.2006 handed it over to Vishnukant Jha. It is alleged against petitioner Dharam Nath Jha that he, in connivance with Vishnukant Jha fabricated the signature of the informant. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.5878 of 2012 (2) dt.29-02-2012 petitioners that as per the own admission of the informant, there is no proof with regard to handing over the grains to Vishnukant Jha nor there is any document to suggest that Vishnukant Jha was directed to accompany the informant and when the informant was being proceeded for the misappropriation of grains then, in order to save his skin, he lodged this case after four years of the alleged delivery of grains. Delayed lodging of the F.I.R. clouds the bona fide of the accusation. Considering the aforesaid facts, let the petitioners namely 1. Dharm Nath Jha 2. Vishnu Kant Jha @ Bishnu Kant Jha, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Madhubani/Chief Judicial Magistrate, Madhubani in connection with Rahika P.S. Case No. 56 of 2010, G.R. No. 951 of 2010. Shageer/- (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.