IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12290 of 2008 RAKESH KUMAR Versus STATE OF BIHAR ----------- 2 02.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in Bihpur P.S.Case No. 27 of 2005 registered under sections 406/120B and 420 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the investigation of the case is still pending. It is further submitted that on perusal of the allegations levelled in the first information report (Annexure-1) it would appear that the allegations levelled against this petitioner relate to commercial disputes and no criminal liability can be fastened on him. It is further submitted that one of the co-accused namely Ram Vinay Kumar, whose case stands on similar footing as that of this petitioner has already been granted anticipatory bail by this court vide order dated 18.09.2007 passed in Cr. Misc. No. 55522 of 2006. As such, the petitioner deserves to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioner. Having considered the submissions and on perusal of the allegations levelled in the first information report, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Rakesh Kumar be released on anticipatory bail 2 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Bihpur P.S.Case No. 27 of 2005 (G.R.No. 105 of 2005) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)