Case Facts:
Patna High Court Cr.Misc. No.14525 of 2012 (2) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14525 of 2012 ====================================================== Sheoji Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16126 of 2012 ====================================================== Suneshwar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-04-2012 Heard learned counsels for the petitioners and the State. The petitioners being Panchayat Mukhia and Panchayat Secretary are apprehending arrest in a case registered for the offences under [STATUTE] . The accusation is of misappropriating Rs.1,25,000 sanctioned for potato and onion subsidy. It is submitted that mechanically the order was passed and several beneficiaries have given affidavit that they received the money. It is submitted on behalf of accused Shivji Sah that he is not the Mukhia at present and subsequently due to village rivalry, after he lost the election, the present case has been lodged. Patna High Court Cr.Misc. No.14525 of 2012 (2) dt.20-04-2012 It appears from the impugned order that some of the beneficiaries stated that their receipts were taken without making payment. The report of the District Panchayat Raj Officer does not reflect that any opportunity was given to the petitioners while conducting the enquiry. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 25 of 2012 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.