IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45574 of 2008 MD.ARSHAD @ MD.ASHAD S/O MD. EQBAL R/O VILLAGE- KADRI, P.S.- KADRI, DISTRICT- ANANTPUR, (ANDHRA PRADESH) Versus STATE OF BIHAR ----------- 3 24/02/2009 Heard learned counsel for the petitioner and State. The petitioner is named accused of a case which has been registered under sections 419, 420, 467, 468/34 of the Indian Penal Code. The case has been registered at the instance of S.P. Khagaria. Allegation is that on 28th June, 2006 a broker Md.Arshad ordered for supply of some flower seeds at the rate of Rs. 1407/- per quintal to an industrialist of Karnataka. The order was booked in favour of Raja Ram Industries, Karnataka. The lower rate is Rs. 1365/- per quintals. Later on it has been alleged that the informant was cheated to the tune of Rs. 2,42,000/- by Md. Arshad. Submission is that it is a business dispute for which remedy lies before the Civil Court. There was no intention at all. As the seeds supplied were not up to mark, therefore, it was refused to be accepted so seeds have to be sold in open market. It is not a case of cheating. The petitioner is in custody since 29.5.2008 and has no criminal antecedent. Considering the facts and circumstances of the case, the petitioner Md. Arshad Md. Ashad is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Khagaria in connection with Allauli P.S. case No. 145 of 2006. avin (Shyam Kishore Sharma, J.)