Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1848 of 2012 ====================================================== Sri Vijay Kumar Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.13280 of 2012 ====================================================== Yogendra Prasad Yadav .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 05-07-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Gram Panchayat Mukhiya and Panchayat Secretary are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . After due enquiry by the Deputy Development Commissioner when several irregularities in several schemes were traced. F.I.R. was lodged with two broad accusations. Firstly, that in construction of Angan Bari Sevika Centres vide Scheme Nos. 01 of 2009-10 and 02 of 2009-10 against the total Rs. 3,32,500/- advance Rs. 3694/- in each of the schemes Patna High Court Cr.Misc. No.1848 of 2012 (3) dt.05-07-2012 2 / 3 2 were misappropriated when work has not been completed whereas with regard to fixation of solar lights it is alleged that solar lights have been placed at the place which were not approved and which were suited to the accused persons. It is submitted by learned counsel for the petitioner Sri Vijay Kumar Prasad who is Panchayat Mukhiya that from the enquiry report it appears that involvement of Panchayat Mukhiya is not there in any of irregularities in the scheme whereas it is submitted by learned senior counsel for the petitioner Yogendra Prasad Yadav who is Panchayat Secretary that money was advanced to the executants and work has still not completed hence on mere presumption accusation has been levelled whereas in paragraph nos. 13 to 17 of the case diary the beneficiaries under the different schemes under Indira Awas Scheme have denied to have given any money to the Panchayat Secretary. Considering the fact that accusation has been levelled without completion of work when the agent to whom advance was made has not been made accused, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Barauli P.S. Case No. Patna High Court Cr.Misc. No.1848 of 2012 (3) dt.05-07-2012 3 / 3 3 272 of 2011 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, 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.