Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18049 of 2012 ====================================================== Om Prakash @ Om Prakash Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-05-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The thrust of accusation is that under Scheme No. 02 of 2007 and 03 of 2007 under the MANREGA forged muster roll was prepared and without conducting the work the payments shown to have been made. It is specifically alleged against this petitioner that he prepared the measurement book under Scheme No. 02 of 2007 and 03 of 2007 on the basis of which govt. money was defalcated. It is submitted by learned counsel for the petitioner that work was being done in 2007, the Patna High Court Cr.Misc. No.18049 of 2012 (2) dt.15-05-2012 2/2 verification has been done in 2010 after three years and when the FIR was lodged. Considering the nature of accusation another Junior Engineer Sirajuddin has been granted anticipatory bail vide Cr. Misc. No. 25177 of 2011, let the above named petitioner be released on anticipatory bail in the event of his 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 Chief Judicial Magistrate, Katihar in connection with Barari (Semapur) P.S. Case No. 100 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.