Case Facts:
Patna High Court Cr.Misc. No.23992 of 2012 (3) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23992 of 2012 ====================================================== Ravindra Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.32716 of 2012 ====================================================== Siyaram Das .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 31-08-2012 Petitioners panchayat Mukhiya and panchayat Secretary are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that in four schemes between 2005-09 the cheques were issued by panchayat Mukhiya to the panchayat Secretary when the work has not been completed. It is submitted on behalf of panchayat Mukhiya that he only issued the cheque and the issuance of cheque is admitted by the panchayat Secretary. It is submitted on behalf of panchayat Secretary that in two claims of Rs. 3,25,000/- he received only Rs. 2,67,000/ and Rs. 2,62,000/- respectively and the major work has been done, whereas in the third scheme of Rs. 99,000/- Patna High Court Cr.Misc. No.23992 of 2012 (3) dt.31-08-2012 the work has almost completed and in fourth scheme, against the sanctioned amount of Rs. 49,000/- he received only Rs. 24,000/-. It is further submitted that panchayat Secretary is ready to complete the work provided he is given opportunity as the enquiry report also suggests that part of work has been done. Moreover the enquiry has been made after four years of the sanction of the work. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 196 of 2011. The provisional anticipatory bail of the petitioners will be confirmed by learned Court below on completion of the work in question. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.