Case Facts:
Patna High Court Cr.Misc. No.40667 of 2011 (3) dt.23-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 40667 of 2011 ====================================================== Vidya Sagar Choudhary @ Vidya Choudhary .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 23-04-2012 Heard learned counsel for the petitioner and the State. This is a petition for anticipatory bail in a case under [STATUTE] . There is allegation of irregularity in making the master roll and the measurement. Learned counsel for the petitioner submits that with regard to the payment to master roll worker it has been stated that the statement of some persons was recorded so as to verify whether payments were made to those workers. However, in paragraphs 55, 56 and 57 of the case diary those persons have stated that they got the money and in the entire case diary there is no mention about the measurement. Hence, having regard to the facts and circumstances of the case, the above named petitioner is ordered to be released on anticipatory bail in the event of his arrest or Patna High Court Cr.Misc. No.40667 of 2011 (3) dt.23-04-2012 surrender before the learned court below within a period of four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P. S. Case No. 49 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P. C. and further subject to the conditions that the petitioner in person shall be available as and when required by the police during investigation and shall co-operate in investigation and if any incriminating article has been recovered from the petitioner and a charge-sheet is submitted then the petitioner shall surrender and pray for regular bail. Kundan/- (Gopal Prasad, 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.