IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5923 of 2011 Sardar Nakshatra Singh @ Sri Nakshatra Singh, S/o-Sardar Sadhu Singh, resident of Standard Chowk, Police Station Barnala, District Barnala-148101 (Punjab), presently Managing Director, Standard Cambine Private Ltd., (Tractor Division), Standard Chowk, Barnala, Punjab-148101. Petitioner. Versus 1. The State of Bihar. 2. Rajesh Kumar, S/o-Late Brahmaswaroop Gupta, resident of Bakhtiarpur Bazar, Post Office and Police Station Bakhtiarpur, District-Patna. Opposite Parties. ----------- 4. 26.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with Complaint Case no. 163 (C)/09 for the offence under Section 406 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Barh. The petitioner is named accused in this case complaint case being Managing Director of the Company with whom complainant deposited Rs. 2 lakhs as security money on basis whereof he was appointed distributor for the State of Bihar, but just after a year his distributorship was cancelled in spite of demand the security money was never returned. Ultimately, legal notice was issued in the year 2008, in reply whereof a sum of Rs. 50,000/- was sent through bank draft, though liability to pay security money was accepted. During course of argument, it is submitted that petitioner 2 is ready to pay the amount whatever is due after proper accounting. Further, it is submitted that petitioner is ready to either pay a sum of Rs. 2.5 lakhs to the complainant subject to accounting or deposit a sum of Rs. 3.5 lakhs with the Court subject to accounting between the parties and final decision of the Court. But more emphasis was given on second submission. In view of the above, in the event deposit of Rs. 3.5 lakhs with the Court subject to the final result of the case, in the event of his arrest or surrender within a period of four weeks, let the petitioner, namely, Sardar Nakshatra Singh @ Sri Nakshatra Singh, be enlarged on bail furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, in connection with Complaint Case no. 163 (C)/09, subject to condition under Section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure of two consecutive dates, without reasonable explanation, the privilege granted shall be deemed to be cancelled. Kamlesh (Akhilesh Chandra, J.)