IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12373 of 2010 Braj Bihari Das alias Vijoy Das Adhikari Chela Svami Late Kashinath Das, resident of Ramayan Bhavan, Bibhishan Kund Ayodheya, P.S. Ayodheya, District- Faizabad, State- U.P. At present Ramayan Bhavan Ashram, Rajgir Kund, P.S. Rajgir, District-Nalanda, (Bihar)………………………………………..Petitioner. Versus The State of Bihar …………………….Opposite Party. For the petitioner :- Mr. D. N. Pandey, Advocate. Mr. Awadhesh Kr. Singh, Advocate. For the complainant :- Mr. Deepak Kumar, Advocate. For the State :- Mr. M. Dayal, A.P.P. ----------- 2. 07. 05. 2010. Heard the parties including the learned counsel appearing on behalf of the complainant. In a criminal prosecution for offence under Section 420 and some other allied offences of the Indian Penal Code, the petitioner is alleged to have fraudulently obtained power of attorney in his favour from the complainant, who is Mahanth of Shri Ram Janki Mandir Thakurwari in the town of Nawadah. The power of attorney was executed in the District of Gaya. Learned counsel for the petitioner submits that the aforesaid power of attorney has been cancelled vide document contained in Annexure-3 annexed with the supplementary affidavit filed today in Court. By referring to statement made in paragraph 8 of the supplementary affidavit, it has been stated by the learned counsel for the petitioner that as a matter fact not even a single piece of land/property has been transferred by the petitioner on the basis of alleged power of attorney vide Anexure-2, allegedly executed by 2 the complainant. Taking into consideration the facts that alleged power of attorney vide Annexure-2 stands cancelled and the petitioner claims to have transferred no property on the basis of said power of attorney, in that view of the matter, in the event of his arrest/surrender in connection with Complaint Case No. 826/2008 within a period of four weeks from today, the above named petitioner shall 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, Nawadah, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. However, it is made clear that if the statements made on behalf of the petitioners are found to be false, then it would be open to the complainant to file a petition for cancellation of the bail bond of the petitioner. m.p. ( Birendra Prasad Verma, J.)