Case Facts:
Patna High Court Cr.Misc. No.28065 of 2011 (6) dt.02-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28065 of 2011 ====================================================== Sheo Shankar @ Shiv Shankar Azad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 02-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of anticipatory bail in a case under [STATUTE] . It is alleged that the fund of Rs.40,00,000/- was raised on receipt of money from several persons on behalf of Mushar Seva Sangh for scheme of construction of school. However, the scheme failed. The petitioner is officer bearer of said Sangh. It is alleged that a cheque of Rs.40,00,000/- was given to the complainant which was bounced back so the complainant filed case for offence under Sections 406, 420 and 138 of the Negotiable Instruments Act. However, the Hon’ble High Court has quashed the case under Section 138 of the Negotiable Instruments Act as the notice was not given in time. Learned counsel for the petitioner submits that the Patna High Court Cr.Misc. No.28065 of 2011 (6) dt.02-08-2012 payment of Rs.40,00,000/- was given. Hence, having regard to the facts and circumstances of the case, the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of four 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 learned Sub-Divisional Judicial Magistrate, Daudnagar (Aurangabad) in connection with Complaint Case No. 1115 of 2004, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as subject to the condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be subject to the satisfaction of the court below on reasonable grounds and for any absence he must file a petition that why he was not present on that date. Kundan/- (Gopal Prasad, 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.