Case Facts:
Patna High Court Cr.Misc. No.16549 of 2012 (2) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16549 of 2012 ====================================================== Jugal Kishore .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17347 of 2012 ====================================================== Rajeshwar Paswan .... .... Petitioner/s Versus The State Of Bihar Through Cbi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2012 Heard learned counsels for the petitioners and the State. The petitioners being senior Post Master and the Assistant in Chapra post office are apprehending arrest in a case registered for the offences under [STATUTE] and sections 13(1)(c )(d) read with section 13(2) of the P.C. Act. It is alleged that on the basis of the fake vouchers, the purchases were shown to the tune of Rs. 8,71,383 and total loss which was caused was to the tune of Rs.10,50,367. It is submitted that the petitioners regularly cooperated in the investigation and charge sheet has already been submitted. It is submitted by Mr. Bipin Kumar Sinha, learned Patna High Court Cr.Misc. No.16549 of 2012 (2) dt.15-05-2012 counsel for the CBI that on the basis of fake vouchers, payments have been made and misappropriation is of huge amount of more than ten lacs. Considering the fact that investigation is complete, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 Special Judge, CBI Court II, Patna in connection with Special Case No. 21 of 2011 / Special case no. 8 of 2010 arising out of R.C. Case no. 14(A)/2010 Pat subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted by the learned court below on filing affidavits by the petitioners that they will regularly appear during trial court. Violation of undertaking will give liberty to the learned counsel for CBI to file application for cancellation of bail. 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.