Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21510 of 2012 ====================================================== Kavi Prakash @ Kavi Prakash Jyoti, S/O Sri Krishna Kant Prasad, R/O Village + P.O.- Ikkil, P.S. -Makhdumpur, District – Jehanabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case instituted under [STATUTE] . It is submitted that even if the entire allegation made in the F.I.R. is taken to be true, the ingredients of the offence punishable under [STATUTE] would not be attracted in the facts and circumstances of the case. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner above named in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 15 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close Patna High Court Cr.Misc. No.21510 of 2012 (2) dt.11-06-2012 2 / 2 2 relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.