Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42818 of 2011 ====================================================== 1. Mahendra Paswan S/O Late Mahanth Paswan R/O Village - Dullipatti, Police Station - Jay Nagar, District - Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 16-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Ladaniya P.S.Case No.32 of 2010 for the offence punishable under [STATUTE] . The petitioner happens to be the Panchayat Sachiv of Gajahara Panchayat in the district of Madhubani. The allegation against the petitioner is of committing irregularities the matter of allotment of funds under the Indira Awaas Yojna. The petitioner has been charged for making allotment in favour of persons who were found to be fake. Patna High Court Cr.Misc. No.42818 of 2011 (5) dt.16-03-2012 2 Learned counsel for the petitioner submits that for the alleged offence, the petitioner has remained in custody since 27.8.2011. Considering the circumstances and the submissions of learned counsel, let the petitioner, Mahendra Paswan be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Ladaniya P.S.Case No.32 of 2010, subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation before the court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (Jyoti Saran, 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.