Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7219 of 2012 ====================================================== Pankaj Kumar .... .... Petitioner/s Versus The State Of Bihar Through Vig .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-03-2012 Heard learned counsels for the petitioner, Vigilance and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . and 13(C) of the Prevention of Corruption Act. Initially the case was lodged against Sushil Kumar Chaudhary, Anita Chaudhary and Shakuntala Devi for defalcating the government money on the basis of forged bill when the amount was transferred by the F.I.R. named accused persons in different accounts. Petitioner was not named in the F.I.R. It appears that petitioner’s account in the Red Cross Branch of the State Bank of India has been freezed which Patna High Court Cr.Misc. No.7219 of 2012 (2) dt.14-03-2012 2 / 3 2 reflects the balance of Rs. 1,74,293/-. It is submitted by learned counsel for the petitioner that there is nothing on record that F.I.R. named accused transferred any amount in the account of the petitioner and only on suspicion petitioner is being chased, whereas it is submitted by learned counsel for the Vigilance that during investigation it has come that from the bank account of the main accused Rs. 1,49,464/- has been transferred to the account of the petitioner situated at Red Cross Branch of State Bank of India. Considering the fact that matter is under investigation and the account of the petitioner has already been freezed by the investigating agency, let the petitioner namely Pankaj Kumar, in the event of his arrest or surrender before learned Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance(North Bihar), Muzaffarpur in connection with Special Case No. 27 of 2010, arising out of Muzaffarpur Town P.S. Case No. 401 of 2010. The bail bond of the petitioner will be accepted on affidavit being filed that he will cooperate regularly in the investigation. Let the said affidavit be transmitted to the concerned I.O. by learned Court below. Non-cooperation of the Patna High Court Cr.Misc. No.7219 of 2012 (2) dt.14-03-2012 3 / 3 3 petitioner will give liberty to the prosecuting party to file appropriate application for cancellation of bail of the petitioner. Shageer/- (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.