Case Facts:
Patna High Court Cr.Misc. No.25796 of 2012 (2) dt.23-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25796 of 2012 ====================================================== Sudarshan Raut .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 4.3.2012 in a case registered under sections 25(I-b)a, 26 of the Arms Act. Allegedly, country made carbine contains its magazine, two rifles, two guns and eleven cartridges were recovered from the house of the petitioner and it is also stated in written report of the informant that the aforesaid recovery was made in presence of the petitioner but later on, it has been written in the written report of the informant that petitioner was arrested from Bathan. Learned counsel appearing for the petitioner submits that nothing has been recovered either from possession of the petitioner or from his house and, as a matter of fact, wife of the petitioner had given a written complaint against the Mukhiya of the village and on the basis of her written complaint, Khaira (Nagara) P.S. case no. 23/2012 under [STATUTE] was registered against the Mukhiya of Gram Panchayat Raj, Kadipur on 1.3.2012 and after that the aforesaid Mukhiya, taking the local police in his collusion, planted this false case against the petitioner. It is further contended by him that the petitioner does not have any criminal antecedent and, as a Patna High Court Cr.Misc. No.25796 of 2012 (2) dt.23-07-2012 matter of fact, he was caught by the police on 2.3.2012 and was produced before the court on 4.3.2012 and there is no explanation of the aforesaid delay. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Sudarshan Raut, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Khaira(Nagara) P.S. Case no. 25/2012. Shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.