Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15268 of 2012 ====================================================== Adeshwar Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the petitioner is of misappropriating money received by the beneficiaries Sharda Devi and Sunita Devi under Indira Awas Scheme. It is submitted that payments are made in the bank account of the beneficiaries and the petitioner does not hold any post in Panchayat or administration. It is further submitted that beneficiaries have subsequently retracted from their initial version. Considering the nature of accusation, let petitioner deposit Rs. 25,000/- before the learned court below which will be invested in some fixed Patna High Court Cr.Misc. No.15268 of 2012 (2) dt.25-04-2012 2 / 2 2 deposit scheme which will be subject to result of case. On deposit of the aforesaid amount, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Nawada P.S. Case No. 15 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.