Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10129 of 2012 ====================================================== Subhash Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-04-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending arrest in a case registered under [STATUTE] . It is alleged against the petitioner that the petitioner took loan and the motorcycle on credit from the shop of the informant to tune of Rs.11,24,000/- and for repayment of the same, 14 cheques were issued by the petitioner, out of which one cheque was returned by the bank declaring insufficient fund while the other was returned since there was direction for stopping payment. It is submitted that the case has not been lodged under section 138 of N.I. Act and there is nothing on record to suggest that the cheque actually bounced. Considering the accusations arising out of contractual Patna High Court Cr.Misc. No.10129 of 2012 (2) dt.03-04-2012 2 / 2 2 relation between the parties, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Sitamarhi P.S. Case No.483/2010 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.