IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24301 of 2008 ------- RAJ KUMAR AGRAWAL @ BABLOO AGRAWAL & ANR Versus STATE OF BIHAR ----------- 2. 17.7.2008 Heard the learned counsel for the petitioners and the State as well the learned counsel appearing on behalf of the informant. The petitioners are apprehending their arrest in connection with Begusarai Town P.S. Case No.67/2006 for the alleged offences registered under sections 408, 420 and 468 of the Indian Penal Code. It is submitted on behalf of the petitioners that on perusal of the complaint, as contained in Annexure 1, as well as the agreement between the petitioners and the informant, as contained in Annexure 2, as also the legal notice dated 13th of September, 2007, as contained in Annexure 3, it would appear that the matter arises in connection with sale transaction. It is submitted that petitioner no.1 is the dealer of the tractor in question and admittedly the informant did not make the full payment as would be appearing from the legal notice sent on his behalf. The vehicle 2 was although handed over to the informant on receiving first down payment, but the same was later seized by the police in connection with a criminal case registered against the son of the informant. The said vehicle was later, on the prayer of petitioner no.1 was released in his favour by the lower court and as such the vehicle is presently in the possession of the petitioners. Learned counsel submits that in view of the allegations, the alleged offence is not attracted. Learned counsel appearing on behalf of the informant, on the other hand, submits that he is prepared to make the balance payment. Considering the submissions, as noticed above, and on perusal of the allegations made in the complaint as well as the other materials brought on record, it is directed that petitioner no.1 Raj Kumar Agrawal @ Babloo Agrawal and petitioner no.2 Ram Kishore Verma @ Ram Kumar Verma, in the event of their arrest or surrender in connection with Begusarai Town P.S. Case No.67/2006 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of 3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri H.K. Tripathi, Judicial Magistrate, Ist Class, Begusarai, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)