Case Facts:
Patna High Court Cr.Misc. No.39505 of 2012 (2) dt.31-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39505 of 2012 ====================================================== Arvind Kumar Sah, S/O Late Ram Jati Sah, Resident of Village Halai, P.S. Tajpur (Halai), District Samastipur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2. 31-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. Ramdhan Paswan, B.D.O. of Morwa Block filed written report putting an allegation that petitioner under instruction of local Mukhiya was engaged in extorting money from mass in general to facilitate them with Government Scheme relating to Indira Awas, Kanya Vivah Yojna. It has also been narrated in the written report that the petitioner had accepted his status to be broker of local Mukhiya. Contention on behalf of the petitioner is that actually he has been made as scapegoat in the background of the fact that there happens to be some sort of dispute amongst local Mukhiya with the informant. It has further been submitted that falsity of the case will be evident from the fact that at the time of conduction of raid, so many applications have been shown to be seized from the possession of the petitioner, but surprisingly not even a single farthing has been seized from his possession so the story of realization of the amount from the mass in general happens to be an absurd story. Not only this, the written report is totally absent with regard to names of any beneficiary and further having made complaint against the petitioner Patna High Court Cr.Misc. No.39505 of 2012 (2) dt.31-10-2012 with regard to realization of the amount. Also submitted that petitioner happens to be under custody since 13.07.2012. It has further been submitted that neither [STATUTE] is applicable in the facts and circumstances of the case because of the fact that not even a single farthing belonging to the Government has been digested nor the petitioner was ever entrusted by the Government a single farthing. At the other hand, the Additional Public Prosecutor opposed the prayer and submitted that at grass root level such kind of illegal activities are prevalent. Taking into account the nature of allegation on its face, petitioner Arvind Kumar Sah is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Tajpur (Halai) P.S. Case No.163 of 2012. PN/- (Aditya Kumar Trivedi, 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.