IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31262 of 2009 MANORANJAN CHAKRABARTY @ MANU CHAKRABARTY, resident of Mohalla – Ketras, Rajbarigarh, P.O. Katras, P.S. Ketras, District – Dhanbad, State – Jharkhand. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Gopal Kumar, Son of Subhas Prasad, resident of Mouja – Paba, P.S. Deep Nagar, District – Nalanda. …. Opp. Parties. ----------- 03/ 20.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Complaint case has been filed by the complainant for the offence under Sections 406, 420 & 120B of the IPC. Allegation is that the petitioner being an agent of Keshav Prasad Gupta, assured the complainant for arranging finance for purchasing a truck. Rs. 2,33,000/- was to be deposited for financing of a truck and accordingly Rs.1,20,000/- was deposited by the complainant through bank draft in the name of company and Rs.1,13,000/- in cash to the petitioner. The cash money amounting to Rs.1,13,000/- was not paid by the petitioner to the complainant, when truck was not purchased, despite giving written assurance regarding its refund. Counsel for the petitioner submits that there is no evidence or proof relating to the receipt of this amount by the petitioner. Allegations are false and fabricated. It is also - 2 - stated that petitioner is an old person of more than 75 years of age. Considering these facts, the prayer for grant of anticipatory bail on behalf of petitioner, namely, Manoranjan Chakrabarty @ Manu Chakrabarty is allowed. He is directed to be released on anticipatory bail, in cash of his surrender before the Court concerned within eight weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1083 (C) of 2007 to the satisfaction of Sri Sarju Ram, Judicial Magistrate, Ist Class, Nalanda, Biharsharif. DKS/ (Mridula Mishra, J,)