Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12373 of 2012 ====================================================== Devanand Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 26-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Junior Engineer is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of not completing the work being the executive agent of project no. 1 and 2 of 2007. It is alleged that Rs. 10,00,000/- were given to the petitioner out of which at the time of filing of the FIR he completed the work worth Rs. 5,84,524/-. It is submitted by learned counsel for the petitioner that after lodging of the FIR the enquiry was done when it was found that the major work has been completed and only for part, the accounts have not been submitted, as gets recorded in para 66 and 69 of the case diary, hence it is a case of irregularity and not the case of misappropriation of the fund. Patna High Court Cr.Misc. No.12373 of 2012 (4) dt.26-04-2012 2/2 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six months, 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No. 381 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below on filing the documents on record that the petitioner has given accounts for the entire money which was entrusted to the petitioner. It is expected that the department will also co-operate in supply of the aforesaid documents. Amrendra/- (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.