Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39424 of 2011 ====================================================== Jalaluddin son of Alauddin R/o village Chhittipur P.S. Saramir, Dist. Azam Garh, (U.P) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 21-05-2012 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Dand Khora P.S. Case No. 40 of 2003 registered under [STATUTE] . Allegation against the petitioner is that he conspired and facilitated unauthorized telephonic calls to middle east country and residents there by B.S.N.L officials and some other accused persons. Learned counsel for the petitioner submits that he has been falsely dragged in this case on the confessional statement of co-accused Dilsad Ahmad. Learned counsel for the petitioner further submits that all the accused persons Patna High Court Cr.Misc. No.39424 of 2011 (4) dt.21-05-2012 2 / 2 2 named in the F.I.R. have been acquitted vide order dated 20.12.2008 and petitioner’s case is better than that of the other accused persons who have been acquitted. It appears from the case diary that this is case of the year 2003 and charge sheet was submitted some time in the year 2005. The petitioner has moved for anticipatory bail in the year 2011. In this view of the matter, I am not inclined to grant anticipatory bail to the petitioner.The prayer for bail is rejected. However, it will be open for the petitioner to appear before the court concerned and pray for regular bail which would be considered on its own merit on the same day without being prejudiced by this order. It will be open for the petitioner to take the point that other accused persons have been acquitted. The petitioner must appear before the trial court within six weeks. M.Rahman/- (Samarendra Pratap 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.