IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1166 of 2010 SHAMBHU RAI Versus STATE OF BIHAR ----------- 2 09.03.2010 Petitioner apprehends his arrest in complaint Case No. 2375 of 2008 u/s 420 & 406 IPC. Heard learned counsel for the petitioner, learned A.P.P. and the learned counsel for the informant. The complainant alleged that he had given Rs.3,00,000/- to the petitioner as loan for investing in contract work with understanding that he will return the money and also give 10 per cent of the profit earned through the contract, but the petitioner did not return the money nor any profit to him. After filing of the complaint, an enquiry was entrusted to the Deputy Superintendent of Police, Chapra who submitted his detailed investigation report dated 27th April 2009. It was stated in the report that the Deputy Superintendent of Police examined witnesses out of whom some were the Panches of the Panchayati held between the complainant and the petitioner regarding the matter and the witnesses stated that from 1st July 2007 to 21st January 2008 the complainant had given Rs.1,99,115/- in cash and Rs.50,000/- and Rs.32,000/- through cheque on Union Bank of India to the petitioner and that a Panchayati was also held regarding the matter and the petitioner admitted in the Panchayati that he had taken the money and stated that he will return the money, but did not return. On the basis of the investigation report of the Deputy Superintendent of Police, 2 cognizance of the offence has been taken and the case is under trial. Under the circumstances, I do not find it a fit case for grant of anticipatory bail. The prayer is, accordingly, rejected. Jay/ ( C. M. Prasad,J )