IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22553 of 2009 TANOJ KUMAR Versus STATE OF BIHAR ----------- 2 11.09.2009 Learned counsel for the petitioner seeks permission to make correction in the prayer portion of the application. Prayer is allowed. Heard counsel for the petitioner. No body appears on behalf of the State. The petitioner has approached this court seeking anticipatory bail in a case instituted under Section 409 of Indian Penal Code. It appears that for the year 2003-04, a bazar was settled with the petitioner for a sum of Rs. 74,151/-. It is stated by learned counsel that F.I.R. itself discloses that a sum of Rs. 48,000/- was paid to Agriculture Produce Market Committee (the settler). It appears from the F.I.R. that a sum of Rs. 26,151/- remained to be paid which earned interest to the tune of Rs. 15,221/-. With these allegations, the Secretary of the Committee lodged the case. Counsel refers to documents placed at Amnnexure-2 series in order to show that as soon as the petitioner become cognizant of the aforesaid fact, he deposited the entire amount under different receipts. This court finds that this submission was also advanced in the court below. 2 In the event of arrest or surrender in the court below within a period of four weeks, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sourbazar P.S. case no. 286 of 2007 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. It is made clear that no sooner the case is taken up for trial, the petitioner shall appear on the dates fixed at the trial when called upon. pkj ( Kishore K. Mandal, J. )