IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36918 of 2011 Sanjay Singh son of Ram Naresh Singh, Resident of village-Rabiya, P.S.-Sirdala, District-Nawada. Versus The State of Bihar ----------- 2. 9.11.2011. 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 section 420 of the Indian Penal Code has been taken. It is stated that even from the admitted facts of the case, no case under section 420 of the Indian Penal Code would be made out. Admittedly, the petitioner is said to have paid Rs.63,500/- in lieu of the vehicle alleged to have been sold to him. The contention is that the petitioner failed to make payment of rest of the amount i.e. Rs.23,000/-. Even if the same is accepted to be true, though not being admitted, would not tantamount to the fact that there was an intention to deceive the complainant right from the beginning which is an essential ingredient for attracting an offence punishable under section 420 of the Indian Penal Code. It is further submitted that though cognizance of the offence was taken on 28.12.2007, no summons or warrant was ever served upon the petitioner in this case. He came to know regarding the case only on 7.9.2011, when the police came to his house. Registration of vehicle could not be made in the name of the petitioner due to the fact that the complainant has not delivered him requisite papers. Taking into consideration the nature of allegation, facts 2 and circumstance of the case let the petitioner, named above in the event of his 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 learned C.J.M., Nawada in connection with Complaint Case No. 255 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)