Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1175 of 2012 ====================================================== Suryadeo Singh @ Suryadeo Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 16-01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the clerk of the school is apprehending his arrest in a case registered under [STATUTE] . It is alleged that Rs. 22,45,000/- were given for the construction of the school between the period of 2002-06 but the utility certificated was not submitted. It is submitted by learned counsel for the petitioner that the petitioner joined the school in the year 2005 and in the year 2009 he was transferred from the school in question and the for the utility certificate between 2002-06 the F.I.R. has been lodged in the year 2011. The headmaster who was responsible for the same has been granted anticipatory bail by this Court which gets reflected from Annexure-6. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh District Patna in connection with Ghosauari P.S. Case No. 08/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (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.