Case Facts:
Patna High Court Cr.Misc. No.43457 of 2011 (2) dt.30-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43457 of 2011 ================================================== Krishna Kumar Singh, son of Late Sri Bhagwan Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 2 30-01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Sahar P.S. Case No. 60/2011 for the offences under [STATUTE] , is one of the named accused in this case being PDS Dealer with allegation of entrustment of certain food grains to be distributed amongst the beneficiaries as per direction of the authorities. Further allegation is that huge quantity of grains is still lying with the petitioner and nothing is being refunded. Submission is that there is an exorbitant demand in fact with the petitioner now 6.5 quintals of grains is lying and he is ready to deposit the price. Further, he has also filed Cr.W.J.C. No. 30/2012 which is pending Admission and in similarly situated circumstances in different writ applications certain directions have already been issued against other PDS Dealer. Patna High Court Cr.Misc. No.43457 of 2011 (2) dt.30-01-2012 Taking into consideration all such aspects, subject to deposit of the price for 6.5 quintals of grains lying with the petitioner, as submitted, along with a representation furnishing full details of accounts, in the event of his arrest or surrender within a period of four weeks, till disposal of such representation, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in connection with Sahar P.S. Case No. 60/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of representation, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.