Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16406 of 2012 ====================================================== 1. Hari Yadav 2. Jitai Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-05-2012 Heard learned counsels for the petitioner and the State. The petitioners being the Sarpanch and Upsarpanch are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of misappropriation of Rs. 8,000/- of the account of Gram Kachahari. It is submitted by learned counsel for the petitioners that actually the money was not misappropriated and the same was lying with Panchayat Secretary whose appointment was subsequently cancelled and the money has been deposited back in the account of Gram Kachahari. Considering the nature of accusation and the submission of the counsel for the petitioners, let the above named petitioners 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 Patna High Court Cr.Misc. No.16406 of 2012 (2) dt.03-05-2012 2/2 thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 10 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.