Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20567 of 2012 ====================================================== Anil Kumar Ray @ Anil Kumar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 05-09-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] and Section 138 of the Negotiable Instruments Act. It is alleged that the petitioner proposed to sell his land with the complainant for Rs. 20,00,000/- when advance of Rs. 5,00,000/- was given but thereafter the sale deed was not executed and three cheques, two cheques of Rs. 98,000/- each and one cheque of Rs. 90,000/- were issued which subsequently got bounced. It is submitted by learned counsel for the petitioner that for the same accusation two complaints were filed, the present one and other complaint being Complaint Case No. 2348 of 2008. In the other complaint, the petitioner has been granted bail Patna High Court Cr.Misc. No.20567 of 2012 (4) dt.05-09-2012 2/2 considering the fact that for the lose of the cheque book, Sanha was lodged on 29.01.2007 and thereafter both, the present and the other complaint were filed. 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 12 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 the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Complaint Case No. 1782 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.