Case Facts:
Patna High Court Cr.Misc. No.44247 of 2011 (2) dt.02-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44247 of 2011 ====================================================== Md. Shamim Akhtar, son of Md. Moizuddin, resident of village – Belgachhi, P.S. – Dagarua, District – Purnea. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 2 02-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, apprehends his arrest in connection with Palasi P.S. Case No. 14/2011 for offences under [STATUTE] , is one of the named accused in this case being posted as BDO at particular point. He is presently posted as Sr. Deputy Collector, Gaya. Submission is that under almost similarly situated circumstances co-named accused Surendra Roy, B.D.O. of same Block but posted at different time has already been granted privilege by a detailed order dated 28.09.2011 passed by a Bench of this court in Cr. Misc. No. 33258/2011. In the reasons assigned are equally good for the petitioner also. In view of the above, in the event of his arrest or surrender within a period of four weeks from today, let the Patna High Court Cr.Misc. No.44247 of 2011 (2) dt.02-02-2012 above-named petitioner be enlarged on bail furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No. 14/2011, subject to condition under Section 438(2) of the Code of Criminal Procedure, further additional condition to attend the court regularly till disposal of the case, in the event of failure on six consecutive dates, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.