Case Facts:
Patna High Court Cr.Misc. No.37305 of 2011 (3) dt.16-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37305 of 2011 ============================================== 1. Arbind Kumar Vishwakarma @ Arbind Vishwakarma son of Late Harinandan Sharma R/O,Vill. + P.S.- Banmankhi, District – Purnea. 2. Moli Kamti, son of Bhulan Kamti R/O - Basudeo, P.S.- Ghailadh, District – Madhepura. 3. Chandra Mohan Thakur son of Late Raghunandan Thakur R/O,Vill. + P.S. - Khagaria, District - Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ============================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 16-02-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this case instituted on the basis of complaint case no. 121/2008, relating to opening of a Non-Banking organization and getting the money deposited on certain assurances. All are the employees of the Bank. Submission is that specific accusation is against accused nos. 1 and 7 in the complaint petition who have already been granted privilege by a Bench of this court vide composite order dated 15.09.2009 passed in Cr. Misc. No. 13474/2009 and Patna High Court Cr.Misc. No.37305 of 2011 (3) dt.16-02-2012 Cr. Misc. No. 15761/2009, which have subsequently been confirmed till it is cancelled in due course of law vide order dated 31.03.2010. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 578/2008, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty 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.