Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9311 of 2012 ====================================================== 1. Kamaluddin @ Md. Kamaluddin S/O Late Daman Ali, Resident of Village- Damalbari, P.S- Paharkatta, District- Kishanganj. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Akbar Ali, Add.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 29-02-2012 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner is an accused in connection with Pothia (Paharkatta) P.S. Case No.74/200 for the offence punishable under [STATUTE] . It is submitted that the allegation against the petitioner is to have demanded the expense incurred in the sanction of Indira Awas Yojna and the informant and others gave him rupees as demanded. It is further submitted that the petitioner was the Mukhiya and in the next election, he was defeated due to political rivalry and the case has been lodged at the instance of the Mukhiya and the petitioner has been in custody since 25.09.2011. Learned counsel for the State could not controvert the Patna High Court Cr.Misc. No.9311 of 2012 (2) dt.29-02-2012 2 contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Pothia (Paharkatta) P.S. Case No.74/2007 with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will appear before the court on each and every date fixed in the case except for any cogent reason. 4. In case of absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, 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.