Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1556 of 2011 Mangaru Ram son of late Deep Chand Ram, resident of village- Bamhaur, Police station- Mohania, District- Kaimur at Bhabhua. …….. Petitioner. Versus The State Of Bihar …….. Opposite Party. ---------------------------------- 3 2.1.2012 Heard Learned counsel for the petitioner and learned A.P.P. for the State. This Revision application has been filed against the judgment and order dated 17.07.2007 passed by the Judicial Magistrate Ist Class, Kaimur at Bhabhua in G.R. No. 991 of 1997, Tr. No. 664 of 2007, arising out of Mohania P.S. Case No. 160/97 by which the petitioner has been convicted under [STATUTE] . and sentenced to undergo rigorous imprisonment for three years and also fine of Rs. 5,000/-and in default to undergo rigorous imprisonment for six months. Further this application is against the judgment and order dated 28.8.2011 passed by the 1st Additional Sessions Judge, Kaimur at Bhabhua in Cr. Appeal No. 38.12.2007 by which the appeal has been dismissed and the conviction and sentence upheld. Learned counsel for the petitioner submits that the only allegation is that he has availed the facility under the 2 Indira Awas Yojna for the second time and thus the Court has convicted him under [STATUTE] . He submits that the petitioner had inadvertently and due to lack of proper understanding availed such benefit for which he was not entitled but later he returned the entire money taken by him. Allegation against the petitioner is that he alongwith two others, who were the then Mukhiya and Panchayat Sewak, had committed the said offence. He submits that the said Mukhiya and Panchayat Sewak were acquitted due to lack of evidence and in that view of the matter, the petitioner is also entitled to have been acquitted. Learned counsel for the petitioner also submits that the petitioner has undergone imprisonment initially also for three weeks and upon dismissal of the appeal, he was in custody since 23.11.2011. Learned A.P.P. for the State on the other hand opposes this application and submits that the petitioner deserves to be kept behind bar for some more time. Considering the facts and circumstances of this case, specially in view of the fact that the petitioner has already returned the entire money taken by him as well as the fact that the other two co-accused had been acquitted, 3 this Court acquits the petitioner in criminal case arising out of Mohania P.S. Case no. 160/1997.He shall be released on bail if not wanted in any other case. Let this order be communicated through fax upon depositing the requisite fee. This Revision application stands allowed. Sudha (Ahsanuddin Amanullah, 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.