Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8610 of 2012 ====================================================== Anil Kumar Tiwary @ Anil Kumar @ Anil Tiwary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under [STATUTE] . The petitioner being the Panchayat Secretary alleged to have not submitted the audit report of Sampurna Gramin Rojgar Yojana scheme for the year 2001-06. It is submitted by learned counsel for the petitioner that the petitioner took charge on 20.08.2006 from one Sheojee Yadav and handed over the charge as Panchayat Secretary on 27.12.2006 to one Madan Prasad. The document to that effect has been brought on record and for the accusation of 2001-06 the FIR was Patna High Court Cr.Misc. No.8610 of 2012 (2) dt.21-03-2012 2/2 lodged in 2011. Considering the aforesaid facts, let 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 twelve 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 Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 70 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.