Case Facts:
Patna High Court Cr.Misc. No.17226 of 2012 (2) dt.25-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17226 of 2012 ====================================================== Shyamanand Paswan, Son of Late Harilal Paswan, Resident of Village- Hawai Field, P.S.-Forbesganj, District-Araria. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar, Advocate. For the Opposite Party: Mr. APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 25-04-2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case which has been registered under [STATUTE] . The informant is Education Superintendent-cum- District Programme Coordinator and he has alleged that amount of Rs. 6 lakhs for construction of School was withdrawn but the Headmaster Shyamanand Paswan namely the petitioner and Secretary Sri Sukhdeo Basaiyantry did not start construction work and the amount has been embezzled. Submission is that the petitioner has not embezzled any amount and the petitioner is Headmaster of the School. He came for anticipatory bail and wherein his submission was noted that some construction was done but it was stopped by the then Patna High Court Cr.Misc. No.17226 of 2012 (2) dt.25-04-2012 Mukhiya. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/court concerned, Araria in connection with Forbesganj P.S. Case No. 264 of 2009. KKSINHA/- (Shyam Kishore Sharma, 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.