IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14916 of 2010 VISHWANATH PRASAD, son of late Shyam Prasad, resident of Bakesaia Tola, Bahri Begampur, P.S. – Bye-pass, District – Patna. --------------- Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ****** For the petitioner : Ms. Rina Sinha, Adv. For the Complainant: Mr. Satish Kumar Sinha, Adv. For the State : Mr. Nand Kumar, APP. ******* 02. 18.05.2010 Heard learned counsel for the petitioner Ms. Rina Sinha, learned counsel for the complainant Mr. Satish Kumar Sinha, and learned Additional Public Prosecutor, Mr. Nand Kumar. The petitioner is solitary accused in Complaint Case No. 2507(C) of 2009 apprehends his arrest. He carries allegation of executing power of attorney in favour of the complainant authorizing him to transfer the properties belonging to the petitioner on receipt of payment of conveyance executed by the complainant in favour of purchaser who happens to be wife of the complainant himself got another suit filed against him (petitioner) through one Sitapati Devi, alleging one deed of agreement earlier executed by the petitioner in her favour and subsequently, accepted the agreement and obtain decree and in pursuance thereof got the sale deed executed in favour of said Sitapati Devi with respect to some property which has been transferred by the complainant in favour of his wife in capacity of the attorney of the petitioner. There are civil and criminal litigation between the parties who are closely related to each other. - 2 - Considering the facts and circumstances and further considering the nature of allegation, the petitioner namely, Vishwanath Prasad, in the event of his arrest/surrender within three weeks from today, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Patna, in connection with Complaint Case No. 2507(C) of 2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Additional condition to attend the court on each and every date at least for two years or till disposal of the case whichever is earlier, on failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)