Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35055 of 2011 Bir Bahadur Singh, Son of Late Raghunath Singh of Village Makaunia, P.S. Muffasil Motihari, District East Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 16/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this case being P.D.S. dealer with whom some food-grains were entrusted for distribution in a particular scheme under due orders of the authorities concerned with allegation that still some grains are lying in his custody, but neither it is being returned nor the money. Submission is that there is excess demand and likewise several sufferers, petitioner has also filed C.W.J.C. No. 13716 of 2011 disposed of vide order dated 12.09.2011 by a Bench of this Court and in compliance of the said order, petitioner has not only deposited the money but also submitted representation, which is yet to be considered and disposed of. Considering the facts and circumstances of the case, till conclusion of the investigation, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 150 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, 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.