IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45795 of 2008 RAJ KISHOR PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 26.11.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a police case under section 409,420 and other provisions of the Penal Code. The submission is that the loan amount was in fact transferred by an account payee cheque into the account of the informant and that he withdrew the same also from his account. This aspect of the matter does not appear to have been raised before the court below giving it the opportunity to consider the same. In that view of the matter, let the petitioner abovenamed surrender before the court below within four weeks from today when he shall be required to be present physically on the date that he moves an application for anticipatory bail. Before finally accepting his bail bonds, the court below shall verify from the case diary if there be materials with regard to transfer of funds into the account of the petitioner and withdrawn by him. If that be so, the court below shall proceed to enlarge him on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the - 2 - like amount each to the satisfaction of CJM, Khagaria in Parbatta p.s.case no 204/04, G.R.No.1276/2004. In the event of absence of any such materials, the petitioner shall be taken into custody then and there when his application for regular bail shall be considered on its own merit without being prejudiced by the present order or the aforesaid developments hr ( Navin Sinha )