Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18346 of 2012 ====================================================== Ram Pyare Mahto S/O Ram Swaroop Mahto Resident Of Village- Salkhani, P.S- Bibhutipur, District- Samastipur, Presentaly Posted As Panchayat Sevak, Prakhand, Rosera, P.S- Rosera, District- Samastipur. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 26-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of non-construction of work under the various schemes of BRGF and 13th Finance Commission. It is further alleged that the petitioner took advance Rs. 11,95,000/- and Rs. 2,86,688/- but the work was done only for Rs. 7,38,647/-and Rs. 1,99,879/- respectively. It is submitted by learned counsel for the petitioner that measurement of work has been recorded in the measurement book and the work is still going on. The petitioner undertakes to Patna High Court Cr.Misc. No.18346 of 2012 (3) dt.26-09-2012 2 / 2 2 complete the work. In the circumstances, let the petitioner, above named, be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Rosera P.S. Case No. 05 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional bail of the petitioner will be confirmed by the learned court below on filing of certificate of the competent authority to the effect that the entire work has been completed. 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.