Case Facts:
Patna High Court Cr.Misc. No.42854 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42854 of 2011 =================================================== Tulsi Prasad, S/O - Late Ramdas Sah R/O Vill. Rohtasgarh, P.S. Rohtas, Distt. Rohtas at Sasaram. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party =================================================== With Criminal Miscellaneous No.44177 of 2011 =================================================== Raj Kumar Prasad Late Hazari Sah Koshdihara, P.S.-Rohtas, District- Rohtas at Sasaram. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 2 23-01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both petitioners, apprehending their arrest in connection with Rohtas P.S. Case No. 119/2011 for the offences under [STATUTE] , are named accused in this case being PDS Dealer with whom certain food-grains were entrusted in distribution of particular schemes as per direction of the authorities concerned, but out of the above, Patna High Court Cr.Misc. No.42854 of 2011 (2) dt.23-01-2012 substantial portion of grains were distributed and remaining are lying, but neither the remaining grains are being returned nor cash against the same. Submission is that petitioners were noticed for deposit of the amount which is excessive compelling the petitioners and alike other persons to knock the doors of this court in writ jurisdiction wherein different orders have been passed and as per order 20% of the claim amount is to be deposited within stipulated period and also representation for proper accounting etc. which is to be disposed of within time frame. Further submission is that petitioners are ready to abide by orders of the writ court, but there is more demand than they were noticed. Considering the facts and circumstances of the case, on compliance of order of the writ court, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Patna High Court Cr.Misc. No.42854 of 2011 (2) dt.23-01-2012 Rohtas P.S. Case No. 119/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the respective representation to be submitted by the petitioners, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.