Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37548 of 2011 ====================================================== 1. Raj Kishore Gupta, son of Late Bechan Prasad 2. Awadhesh Kumar @ Awadhesh Singh, son of late Haribansh Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 7 27-02-2012 Supplementary affidavit has been filed on behalf of the petitioners. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Gopalpur P.S. Case No. 75/2011 for the offences under [STATUTE] , are named accused in this case with allegation of getting government file misplaced in connivance with each other. Submission is that petitioners have taken all possible steps to trace out/get the file reconstructed but nothing could be done. However, they further undertake to do the needful in order to get the file traced out within 1 ½ months. Patna High Court Cr.Misc. No.37548 of 2011 (7) dt.27-02-2012 2 / 2 2 Considering the facts and circumstances of the case, on filing of such undertaking before the court below within a week, subject to result of their efforts which is to be made till 10th April 2012, in the event of their arrest or surrender provisional till 10th April 2012, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Gopalpur P.S. Case No. 75/2011, subject to condition under section 438(2) of the Code of Criminal Procedure. The provisional bail may be confirmed by the court below if the papers are traced out 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: 408

Statute Text:
Section 408 of the Indian Penal Code. Criminal breach of trust by a clerk or servant. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.