IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12488 of 2008 PRABHUNATH KUMAR RAM @ PRABHUNATH KUMAR AZAD Versus THE STATE OF BIHAR ----------- 2. 5.5.2008 Heard learned counsel for the petitioner. No one appears on behalf of the State. The petitioner is apprehending his arrest in connection with Barharia P.S. Case No.158 of 2005 for allegedly committing the offences under sections 406 and 420 of the Indian Penal Code. It is submitted on behalf of the petitioner that as per the allegations levelled in the complaint it would appear that the transaction for purchase of the house was between the complainant and the father of this petitioner, who was accused no.2. The father of the petitioner has died after filing of the complaint. Therefore, it would appear that there was no liability on the part of the petitioner to make the payment. However, he issued the cheques at the instance of accused no.2 (father of the petitioner). However, the complainant has made omnibus allegations. It is further submitted that in the given circumstances, no criminal liability can be fastened upon 2 this petitioner. Learned counsel submits that in the above circumstances, the petitioner deserves to be granted anticipatory bail. Considering the submissions as noticed above and on perusal of the allegations made in the complaint, let the sole petitioner Prabhunath Kumar Ram @ Prabhunath Kumar Azad, in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Barharia (Siwan) P.S. Case No.158 of 2005, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)