IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37133 of 2011 Rajnish Kumar son of Yugeshwar Ram, Resident of village-Goriyari Gopal, P.S.-Kurhni, District-Muzaffarpur. Versus The State of Bihar ----------- 2. 11.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance of the offence punishable under sections 406 and 420 of the Indian Penal Code has been taken. It is submitted that save and except oral allegation mentioned in complaint, there is no document to support the fact of tendering money in advanced to the petitioner for purchase of the land in question. It is also submitted that even if the entire prosecution case is accepted to be true, though not being admitted, none of the ingredients of the offence punishable under sections 406 and 420 of the Indian Penal Code would be attracted in view of the law laid down in Murarilal Vs. Gopi Singh since reported in (2005) 13 SCC 699. Be that as it may, taking into consideration the aforesaid submissions, facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri Mausmi Singh, learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No.2568 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.) 2