Case Facts:
Patna High Court Cr.Misc. No.41177 of 2012 (2) dt.10-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41177 of 2012 ====================================================== Ram Nath Mahto, S/o Sri Shivjee Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amitabh Bhardwaj, Adv. For the State : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 10.10.2012 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 21.04.2012 in connection with alleged offences under [STATUTE] . registered in connection with Tajpur (Waini) P.S. Case No. 382 of 2011. 3. The allegation against the petitioner who is Panchayat Sevak of Gram Panchayat Raj Baghauni, is that he received A.P.L and B.P.L. coupons but distribution thereof was made to dead persons and also in some cases twice to the same persons. 4. Learned counsel for the petitioner submits that the petitioner is in jail custody since 21.4.2012 i.e. for almost 6 months. He further points out that the charges have been framed against the petitioner on 17.7.2012 and therefore submits that no useful purpose would be served in keeping the petitioner under custody Patna High Court Cr.Misc. No.41177 of 2012 (2) dt.10-10-2012 as the investigation is already over. He relies on the decision of the Apex Court in Sanjay Chandra Vs. C.B.I., (2012) 1 SCC 40, and in particular the observations in para 45 and 46 thereof. 5. Considering the aforesaid facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur in connection with Tajpur (Waini) P.S. Case No. 382 of 2011 on the following conditions- (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Fahad. (Vikash Jain, 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.