Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11180 of 2012 ====================================================== 1. Shail Devi wife of Sri Kheheru Rai, r/o village- Kotiya Rai, P.S.- Majorganj, District- Sitamarhi. 2. Shivjee Mukhiya @ Shivjee Rai, son of Sri Dukha Mukhiya, r/o village- Mohini Mandal, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 14-03-2012 Heard learned counsel for the petitioners and learned APP for the State. The petitioners apprehend their arrest in Sitamarhi P. S. Case No. 595 of 2010 for the offence punishable under [STATUTE] . and Sections 63, 65 and 68 of Copy Rights Act. The allegation is that during the raid in connection with Arms Act it came to the light that some Dipendra Misra along with co-accused Ashok Kumar used to supply duplicate solar lights to various gram panchayats including the petitioners. The petitioners being the Panchayat Mukhiya used to direct for supply of solar lights from specific shop. It is submitted that in similar facts and circumstances, co-accused have been granted bail by a Bench of this Court vide order dated 9.12.2011 passed in Cr. Misc. No. 41464 of 2011. Patna High Court Cr.Misc. No.11180 of 2012 (2) dt.14-03-2012 2 Learned counsel for the State could not controvert the contention of the petitioners while opposing their prayer. Considering the facts and circumstances, in the event of arrest or surrender before the court below within a period of six weeks, the above named petitioners will be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi P. S. Case No. 595 of 2010, subject to the conditions as laid down under Section 438(2) Cr. P.C and with further condition that (i) The petitioners will not indulge themselves in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioners. (iii) The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.