Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44624 of 2011 ====================================================== Arvind Singh Son Of Prasad Singh Resident Of Village - Singaha Tola Bagahi, Police Station - Meerganj, District - Gopalganj. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Partys with Criminal Miscellaneous No.44735 of 2011 Chandra Shekhar Manjhi Son Of Late Shamraj Manjhi Resident Of Village - Singaha Tola Bagahi, Police Station - Meerganj, District - Gopalganj. .... .... Petitioners Versus . The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 21-02-2012 Heard Dr. Amarendra Kumar, learned counsel for the petitioner in Criminal Misc. No. 44624 of 2011 and Mr. Bashistha Narayan Mishra, learned counsel for the petitioner in Criminal Misc. No. 44735 of 2011, learned Additional Public Prosecutor for the State and Mr. Sanjay Kumar No. 7 for the informant in both the cases. The petitioners are in custody in connection with Bairiya P.S. Case No. 34 of 2011 for offence punishable under [STATUTE] . Learned counsel for the petitioners with reference to the allegations set out in the F.I.R. submits that it is on the proposal of co- accused Santosh inducing the informant and some others to part with the money for obtaining income in future by installation of mobile Patna High Court Cr.Misc. No.44624 of 2011 (3) dt.21-02-2012 2 towers on their land that the name of these petitioners has transpired as being his associate. The prayer of the petitioners has been opposed by the informant who submits that these petitioners along with others are party to the alleged crime in which the villagers were duped in parting with an amount of Rs. nine lakhs. Learned counsel for the petitioners with reference to the statement made by the informant and the other witnesses have submitted that the accused in a collective manner have been charged with collecting the money and that the allegation is primarily directed against co-accused Santosh of having engineered the transaction. Having heard learned counsel for the parties and having perused the materials on record, let the petitioners Arvind Singh and Chandra Shekhar Manjhi be released on bail upon each one of them furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 34 of 2011 subject to the following conditions: (i) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates fixed for such purpose and delay the trial in any manner, their bail bonds will be liable to be cancelled for reasons of misuse; and (ii) That the petitioners shall ensure their representation before the court below on each and every date fixed in the case and the failure on the part of the petitioners to ensure their Patna High Court Cr.Misc. No.44624 of 2011 (3) dt.21-02-2012 3 representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel their bail bonds and to take them into custody. S.Sb/- (Jyoti Saran, 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.