Case Facts:
Patna High Court Cr.Misc. No.2572 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2572 of 2012 ====================================================== Anandi Mukhiya & Anr. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 25-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] . It is alleged that in 2001, 2004 and 2005, the petitioners lifted the grains being the P.D. S. dealers under “Sampuran Gramin Rojgar Yojna” and “Food for Work” schemes but misappropriated the money with regard to grains by not distributing to the beneficiaries. It is submitted that without verifying the documents on record, F.I.R. has been lodged as the audit report reflects that the grains which were lifted by the petitioners have been distributed by them. It is submitted that in the writ application also recovery has been stayed with regard to other dealers and the case has been lodged after Patna High Court Cr.Misc. No.2572 of 2012 (2) dt.25-01-2012 inordinate delay. Petitioners undertake to refund the amount if after due enquiry any due is being found against the petitioners. Considering the aforesaid facts, let the petitioners, Anandi Mukhiya and Mahesh Paswan, 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 K. Asthan P.S. Case No. 160 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Biraul at Benipur, Darbhanga, 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.