Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1274 of 2012 ====================================================== Tarachandra Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 17-01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the ward member of Panchayat is apprehending his arrest in a case registered under [STATUTE] . It is alleged that out of Rs. 45,000/- under the Indira Awas Scheme in the first installment the informant received Rs. 25,000/- out of which 5,000/- was paid to the petitioner and in the second installment the informant received only Rs. 4,000/-. It is submitted by learned counsel for the petitioner that after one year of the occurrence the F.I.R. has been lodged and since the petitioner is not the disbursing authority and the money is being given to the beneficiaries through account payee cheque hence the accusation appears to be frivolous and the present case has been filed in order to save the skin of the informant from the verification as beneficiaries’ houses were not made under the Indira Awas Scheme. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest 2 / 2 2 or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 409/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (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.