Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.271 of 2012 ====================================================== Saud Azam Rahmani .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 10-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusations are of committing irregularities in the allotment procedure of Indira Aawas and not executing three schemes. It is submitted that in the process of allotment, the petitioner had no role to play and that for the schemes of 2005-06, the inspection was done in 2011 when the major work was found to have been done and all other responsible persons have not been made accused. Considering the nature of accusation and enquiry report, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. Patna High Court Cr.Misc. No.271 of 2012 (3) dt.10-04-2012 2 / 2 2 However, let the learned court below consider the prayer of the petitioner for regular bail keeping in view that for the execution of scheme of 2005-06, inspection has been made in 2011 in case he surrenders within six weeks from today in connection with Hathauri P.S. Case no. 31/2011 pending in the court of C.J.M., Muzaffarpur. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. 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.