Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39898 of 2012 ====================================================== Sarju Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-10-2012 Heard learned counsels for the petitioner and the State. The petitioner being Junior Engineer is apprehending arrest in a case registered for the offences punishable under [STATUTE] . Initially, FIR was registered against the contractor for not completing the work when Rs.8,70,000 was received from the department when the work of Rs.500000 was found to be misappropriated. It is submitted that when the work was completed then charge sheet was not submitted against the contractors but the name of the petitioner sprang up during investigation when charge sheet was submitted only for being negligent in the work. It is further submitted that other accused persons have been granted anticipatory bail vide Cr. Misc. Nos. 40481 of 2008 and 8345 of 2012. Considering the aforesaid facts, let the above named Patna High Court Cr.Misc. No.39898 of 2012 (2) dt.19-10-2012 2/2 petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sasaram, Rohtas in connection with Sasaram P.S. Case No. 235 of 2003 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.