Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7877 of 2012 ====================================================== Heera Lal Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 15-05-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Accountant in the Agriculture Office of Siwan is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against this petitioner that in connivance with one Sampat Bhagat opened a fake account in Allahabad Bank, Tikri Branch in which the cheques were issued in the name of 14 beneficiaries. The cheques were handed over to Sampat Bhagat by this petitioner instead of actual beneficiaries when the money was subsequently withdrawn. In some of the cases the money with regard to agriculture subsidy the cheque Patna High Court Cr.Misc. No.7877 of 2012 (4) dt.15-05-2012 2/3 amount was inflated as the subsidy cheque issued in favour of one Brij Mohan Yadav for Rs.19000/- was inflated to Rs.2,19,000/- and subsequently withdrawn in fake account. Likewise a cheque issued in the name of one Mohanlal Dubey for Rs.19000/- was also withdrawn by opening a fake account. It is submitted by learned counsel for the petitioner that ultimate amount remains to be Rs.42,000/- and odd which was deposited by the then Block Agriculture Officer and the main accused Sampat Bhagat on deposit of amount has been granted regular bail vide Cr. Misc. No. 30359 of 2011 whereas other accused Shailesh Kumar Sinha, bank employee, has been granted anticipatory bail vide Cr. Misc. No. 4728 of 2012. It is also submitted that for the similar accusation three cases were lodged out of which in two of them the petitioner is on regular bail. Considering the fact that thrust of accusation is against Sampat Bhagat who has been granted regular bail, I see no reason for the learned court below not to give same privilege to the petitioner if the petitioner surrenders before the learned court below within a period Patna High Court Cr.Misc. No.7877 of 2012 (4) dt.15-05-2012 3/3 of six weeks from today in connection with Hussainganj P.S. Case No. 184 of 2010 pending in the court of learned CJM, Siwan. It is expected from the learned court below to dispose of the bail application preferably on the same day. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.