Case Facts:
Patna High Court Cr.Misc. No.34194 of 2011 (3) dt.25-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34194 of 2011 ====================================================== Ramanand Singh, S/o Late Doman Singh, R/o Village- pachira, P.S. Raniganj, District- Araria. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 25-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Raniganj P.S. Case No. 262 of 2010, registered under [STATUTE] . There is general and omnibus allegation that this petitioner being an Up-Mukhia in collusion with Mukhia, Rishidev Ram and Panchayat Secretary and others has fraudulently and forgedly taken money granted for Indira Awas Yogana in the name of co-villager Jhadilal Rishidev who was already died. Learned counsel for the petitioner submits that Up- Mukhia has no role in presence of Mukhiya and neither any role has assigned nor there is specific allegation against the petitioner being instrumental in opening the account. Learned counsel for the State however contends that no specific role attributed to this petitioner regarding forgery. However, It is pointed out all the accused persons are instrumental Patna High Court Cr.Misc. No.34194 of 2011 (3) dt.25-04-2012 in opening the account in the Post Office. Under the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 262 of 2010, subject to condition as laid down under Section 438 (2) of Cr.P.C. with further condition that if any incriminating material found against the petitioner on the basis of charge sheet submitted, then petitioner shall surrender and pray for regular bail. m.p. (Gopal Prasad, 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.