Case Facts:
Patna High Court Cr.Misc. No.25569 of 2012 (2) dt.25-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25569 of 2012 ====================================================== Khursheed Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 25-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs.2,07,500 was given to Shyam Bihari Singh, Panchayat Sewak for construction of road from Amari chowk to Mangarawaliya Middle School, out of which, the material was purchased worth Rs.1,33,585 but the bill for Rs.73,982 was not submitted. Subsequently the Collector ordered the Panchayat Sewak to deposit the aforesaid amount along with interest amounting to Rs.44,390 which was not deposited. It is submitted that the petitioner was not named in the FIR. During investigation, it transpired that the petitioner issued cheque being BDO at the relevant to the Panchayat Sewak. It is further submitted that the investigation is complete and charge sheet has been submitted. Panchayat Sewak Shyam Bihari Singh Patna High Court Cr.Misc. No.25569 of 2012 (2) dt.25-07-2012 who is alleged to have received the money, was granted anticipatory bail vide Cr. Misc. No. 30998 of 2008. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bikramganj in connection with Nasriganj (Rajpur) P.S. Case No. 48 of 2008 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.