IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45246 of 2009 NITI BHUSHAN MISHRA, son of Late Bibhuti Bhushan Mishra, resident of A/239, People Cooperative Colony, Kankarbagh, PS Kankarbagh, Patna, at present Grivi Palance, Kariappa Marg, 1/16, Pramos Guest House, Room No. 28, Delhi Cant., New Delhi – petitioner. Versus STATE OF BIHAR 2 26.2.2010 Heard learned counsel for the petitioner, the A.P.P. representing the State and the counsel for the informant. The petitioner apprehends his arrest in a case under section 406 of the Penal Code. The petitioner had executed a sale deed in favour of the informant. It is alleged that he had not disclosed the fact that he had two sisters who had shares in the property. In any event on the last occasion the petitioner was ready to return the money by bank draft. Counsel for the informant submits that he has instructions that his client has filed a suit for specific performance of contract and acceptance of the cheque may prejudice his case in the civil court. Considering the fact that there was no intention under section 420 of the Penal Code to cheat the opposite party, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in connection with Complaint Case No. 1721©/2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)