Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20933 of 2012 ====================================================== Md. Sarfaraj Ahmad @ Sarfaraj .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.27089 of 2012 ====================================================== Basant Raout .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.26733 of 2012 ====================================================== Brajesh Kumar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.24552 of 2012 ====================================================== Kapildeo Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 18-09-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Mukhiyas and Panchayat Secretaries are apprehending their arrest in a case registered for the offences Patna High Court Cr.Misc. No.20933 of 2012 (5) dt.18-09-2011 2 / 3 2 punishable under [STATUTE] . The accusation is of installation of 20 solar lights under Scheme Nos. 01/2009-10-20/2009-10 when it was purchased at the rate of Rs. 42,500/- instead of sanctioned rate of Rs. 26,684/- and it has also been not purchased from government authorized dealers like BELTRON or BREDA. It is submitted by learned counsel for the petitioners that the enquiry report dated 12.01.2012 submitted by the Enquiring Committee found the solar lights installed but it was not found working when the instruction for purchase the solar lights at the rate of Rs. 26,684/- from the BELTRON or BREDA was issued on 22.07.2010 vide letter no. 6193 by the Principal Secretary, Panchayati Raj when the solar lights were installed earlier. Considering the fact that instruction was issued subsequent to launching of the schemes, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Ariari P.S. Case No. 08 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Patna High Court Cr.Misc. No.20933 of 2012 (5) dt.18-09-2011 3 / 3 3 Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.