Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27004 of 2012 ====================================================== Ashok Pandit @ Ashok Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27698 of 2012 ====================================================== Bishundeo Prasad Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29156 of 2012 ====================================================== Rudra Nand Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 29-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Headmaster, Assistant Teacher and alleged Teacher are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner Rudra Nand Yadav was never appointed as teacher but he was being paid by the other two petitioners being the headmaster and the teacher who was deputed as messenger and the total money is defalcated to the tune of Rs. Patna High Court Cr.Misc. No.27004 of 2012 (4) dt.29-11-2012 2/2 3,34,891/-. It is submitted on behalf of the headmaster and other teacher that the payments were made in pursuance to the order of the District Superintendent of Education, Madhepura when the writ application of Rudra Nand Yadav being CWJC No. 4694 of 2007 was dismissed finding the fact that Rudra Nand Yadav on the date on which he claims his appointed was eleven years of age. The petitioner Rudra Nand Yadav undertakes to deposit Rs. 2,43,000/- and other two petitioners Rs. 75,000/- each before the learned court below which will be invested in some fix deposit scheme in connection with present case which will be subject to the result of the present case. On deposit of the aforesaid amount, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Mahepura in connection with Gamaharia P.S. Case No. 18 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.