Case Facts:
Patna High Court Cr.Misc. No.36177 of 2011 (4) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36177 of 2011 ====================================================== Umesh Kumar @ Umesh Kumar Singh S/O Naresh Singh @ Ram Naresh Singh R/o Village - Sonvarsha, Patihatta, P.S. Ahraoura, Distt.-Mirzapur ( U.P. ) .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 09-02-2012 Heard the parties. The petitioner is in custody in connection with Patrakar Nagar P.S. Case No. 117 of 2011 for offence punishable under [STATUTE] . Substance of allegation against this petitioner and some others whose names have transpired during the course of investigation is of entering into a conspiracy and in which process a sum of Rs. 9,87,000/- was withdrawn from the account of the informant and deposited in the account of this petitioner. It is submitted that the petitioner had accepted the deposit on the request of his friend Sanovar Ali and which statement of the petitioner is recorded in paragraph 27 of the case diary. The statement of the said Sanovar Ali found at paragraph 37 of the case diary in turn attributes the transaction in which money was deposited in the account of the petitioner to one Shailendra Rai Patna High Court Cr.Misc. No.36177 of 2011 (4) dt.09-02-2012 and Arvind Rai. It is stated that the said Sanovar Ali has stated that the amount deposited in the account of the petitioner, was for the purpose of purchase of land by Arvind Rai. It is further stated that the said Sanovar Ali has also accepted that on request being made by them, the petitioner withdrew Rs. 9 lacs on different dates and handed over to them. It is thus submitted that the petitioner has become victim of circumstances with no personal gain. Be that as it may, considering the circumstances, I am not inclined to allow the prayer for bail of the petitioner presently and the same is refused. The application is dismissed. S.Sb/- (Jyoti Saran, 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.