Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36258 of 2012 ====================================================== Ashok Kumar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-09-2012 Heard learned senior counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against this petitioner that he misappropriated the fund of the College when an enquiry was conducted by the Executive Magistrate on the direction of the District Magistrate when it was found that Rs. 2,33,416/- was misappropriated. It is submitted by learned senior counsel for the petitioner that maliciously the District Magistrate got the case instituted since the College of the petitioner was black listed at the behest of the District Magistrate which was challenged before this Court in writ proceeding when stricture was passed against the District Magistrate when he was directed to pay Rs. 20,000/-as compensation. It is further submitted that the District Magistrate has no authority to get the matter enquired into by an Patna High Court Cr.Misc. No.36258 of 2012 (2) dt.24-09-2012 2 / 2 2 Executive Magistrate. It appears from the impugned order that the petitioner was ready to deposit Rs. 2,33,416/-. Let the petitioner deposit the aforesaid amount within one month from the date of receipt of copy of this order before the learned court below which will be invested in some fixed deposit scheme in connection with the present case which will be result of the case. The deposit of Rs. 2,33,416/- will no way prejudice the case or stand of the petitioner in future proceeding. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Noor Sarai P.S. Case No.177 of 2007 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nalanda at Bihar sharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.