Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2492 of 2012 ====================================================== Nawal Kishore Prasad, S/O-Gokul Mahto, Resident of Village-Soniyama, P.S.-Telhara, District-Nalanda. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Awadhesh Pd. Sinha, Advocate. For the Opposite Party : Mr. C.B. Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 18-01-2012 Learned Counsel for the petitioner is permitted to make necessary correction in prayer portion of the brief. The petitioner seeks bail in a case which has been registered under [STATUTE] . It is alleged that the petitioner being LIC agent has accepted money from a policy holder informant Pushpalata Kumari but after 2004 he did not deposit the premium amount and Rs. 56,000/- became due for the LIC premium and when she demanded the amount then the petitioner became aggressive. It has been submitted that the bail application of the petitioner was rejected considering para-27 of the case diary wherein it was mentioned that the petitioner has committed similar Patna High Court Cr.Misc. No.2492 of 2012 (2) dt.18-01-2012 2 /2 offence with others. It has been submitted that the Policy Number which has been relied upon in para-27 of the case diary relates to another person. In that case, the agent was different person who is Awadhesh Kumar and the policy holder is different person. It has also been submitted that due to some dispute the case has been lodged against the petitioner. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate/court concerned, Hilsa in connection with Ekangarsarai P.S. Case No. 116 of 2011. kksinha/- (Shyam Kishore Sharma, 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.