Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12898 of 2012 ====================================================== Rameshwar Yadav son of late Saligram Yadav, resident of village-Gulariya Chowk, P.S.Takari, District- Gaya .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsels for the petitioner and the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] and section 7 of the Essential Commodities Act. The informant is the District Manager of the Bihar State Food Corporation, Gaya. As per the prosecution case the stock register was compared with physical verification of the food grain in presence of Assistant Godown Manager and the petitioner, who is a Night Guard and shortage of 96 bags of wheat and excess of 273 bags of rice were detected. It is submitted that the petitioner being a Night Gurad has nothing to do with the physical stock present in the godown. His duty was to be present and guard the godown during night hours. There is no allegation which would incriminate the petitioner with any penal offence. It is also submitted that at no Patna High Court Cr.Misc. No.12898 of 2012 (2) dt.29-03-2012 2 point of time the petitioner was ever entrusted with food grains and thus question of misappropriation on his behalf does not arise. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No.179 of 2011 subject to the conditions as laid down under section 438(2) Cr.P.C. as also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall Patna High Court Cr.Misc. No.12898 of 2012 (2) dt.29-03-2012 3 immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.