Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24989 of 2012 ====================================================== 1. Shiv Chandra Sah S/O Late Tipan Sah Resident Of Hariraha, P.S.- Kumarkhand, District- Madhepura .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25041 of 2012 ====================================================== 1. Bindeshwari Mehta S/O Late Anup Mehta Resident Of Village- Dumaria, Gram Panchayat Tengraha, P.S.- Kumarkhand, District- Madhepura 2. Wazir @ Md. Wazir Mian S/O Late Md. Nirsu Resident Of Village- Dumaria, Gram Panchayat Tengraha, P.S.- Kumarkhand, District- Madhepura 3. Awadh Ram S/O Late Yadu Ram Resident Of Village- Dumaria, Gram Panchayat Tengraha, P.S.- Kumarkhand, District- Madhepura 4. Md. Rajabul S/O Md. Jumman 5. Sikendar Yadav S/O Laxman Yadav 6. Makina Khatoon W/O Md. Jamal 7. Motilal Yadav, Son of Late Bhuvneshwari Yadav All the residents of village-Hariraha, P.S.- Kumarkhand, District- Madhepura, Except petitioner no.-3 8. Aruna Devi @ An Devi, W/o Jagdish Yadav, resident of village- Tengraha, P.S.- Kumarkhand, District- Madhepura .... .... Petitioners Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.24989 of 2012) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No.25041 of 2012) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 06-07-2012 Heard Learned counsel for the petitioners and Patna High Court Cr.Misc. No.24989 of 2012 (2) dt.06-07-2012 2 learned Assistant Public Prosecutor, for the State. As both the cases arise out of the same Kumarkhand P.S. Case No. 96 of 2011. Both the cases have been heard together and are being disposed of by this common order. The said case has been instituted for the offences under [STATUTE] with the allegation that the accused persons committed irregularities and misappropriated the amount in their capacity as Mukhiya and Ward Member respectively to the tune of Rs. 4,80,000/- (Four Lakhs Eighty Thousand) which they had received for distribution to the victims of drought. It has been submitted on behalf of the petitioners with reference to Annexure-2 to this application (Cr. Misc. Case No. 24989 of 2012) that out of total amount of Rs. 4,80,000/- received Rs. 4,75,800/- were in fact duly spent and the respective vouchers have also been submitted even prior to the institution of the F.I.R. It has further been submitted that rest amount of Rs. 4200/- has been deposited with the Block Nazir on 07.06.2011 itself prior to the institution of the F.I.R. on 21.06.2012. It has further been contended that similarly situated persons and accused in Kumarkhand P.S. Case No. 96 of 2011 have been granted anticipatory bail by this Court. Particular reference has been made to the order passed by this Court in Cr. Misc. No. 6010 of 2012 dated 08.02.2012. In that view of the matter, Let the above named Patna High Court Cr.Misc. No.24989 of 2012 (2) dt.06-07-2012 3 petitioners in Cr. Misc. No. 24989 of 2012 and in Cr. Misc. No. 25041 of 2012, in the event of their arrest/surrender within four weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 96 of 2011, corresponding to G.R. No. 868 of 2011, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K./- (Chakradhari Sharan 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.