Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35862 of 2012 ====================================================== Rajeshwar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Hawaldar in BMP is apprehending arrest in a case registered for the offences punishable under [STATUTE] . Three pistol pyrotics (kind of flash light) were found missing from BMP-6. It is submitted by learned counsel for the petitioner that the pistol pyrotics would be valued about Rs. 1,000/- when other arms were found in order. It is further submitted that for the same in stead of initiating the departmental proceeding, the criminal case has been lodged and a statement has been made in para 15 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court Cr.Misc. No.35862 of 2012 (2) dt.21-09-2012 2/2 satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 167 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh 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.