Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25013 of 2012 ====================================================== 1. Suresh Pathak S/O Late Shyam Dutt Pathak Resident Of Village- Bans Bigha, P.O- Barpa, P.S- Pauthu, District- Aurangabad (Bihar) At Present Posted As Head Master, Government Middle School, Pauthu, Aurangabad (Bihar) .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 06-07-2012 Heard Learned counsel for the petitioner and learned Assistant Public Prosecutor, for the State. Learned counsel for the petitioner states that there is a Typographical error in paragraph-1 of the application inasmuch as in place of “Pauthu P.S. Case No. 22 of 2011”, “Pauthu P.S. Case No. 22 of 2012” has been typed in the second line. He seeks permission to correct the mistake. Permission is granted. Let the correction be made during the course of the day. The sole petitioner apprehends arrest in connection with Pauthu P.S. Case No. 22 of 2011 which discloses offence under [STATUTE] which is pending in the Court of the Chief Judicial Magistrate, Aurangabad. Patna High Court Cr.Misc. No.25013 of 2012 (2) dt.06-07-2012 2 So far as this petitioner is concerned, the crux of the allegation is that he received advance against construction of boundary wall and other purposes in his capacity as the Headmaster of Government Middle School, Pauthu. The F.I.R. has been instituted on the basis of written statement made by the Block Education Officer, Rafiganj, addressed to the Officer- in-charge, Pauthu Police Station, which contains the list of such School where the advances were made in different heads, but AC/DC bills were not submitted. Petitioner’s name figures at serial no.112 under the heading “construction of boundary wall”. The name of the said School also figures under the heading of Sports. Learned counsel appearing on behalf of the petitioner submits that it is wrong to say that he had not submitted the AC/DC bills with respect to the construction of boundary wall. It is contended that AC/DC bills of Rs. 1,97,000/- (One lakh ninety seven thousand) was submitted by the petitioner before institution of the F.I.R. However, another amount of Rs. 60,000/- (Sixty thousand) with respect to which AC/DC bills were not submitted at the time of institution of the F.I.R. The amount has been returned and deposited in the Account of B.E.P, Govt. Aurangabad (Bihar) on 09.05.2012. Keeping in view the nature of allegation and the facts and circumstances of the case, it is directed that in the Patna High Court Cr.Misc. No.25013 of 2012 (2) dt.06-07-2012 3 event of arrest/surrender of the above named petitioner before the Court below within four weeks from today, he shall he 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 Chief Judicial Magistrate, Aurangabad in Pauthu P.S. Case No. 22 of 2011, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K./- (Chakradhari Sharan 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.