IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35661 of 2011 Binod Singh @ Binod Kumar Singh, S/o Late Sheo Pujan Singh. Versus The State Of Bihar ----------- 2 24.10.2011 The petitioner seeks anticipatory bail as he apprehends his arrest in Udwant Nagar (Gajrajganj) P.S. Case No. 27 of 2011 for the offences alleged under Sections 386, 411, 365 of the Indian Penal Code and 27 of the Arms Act. Learned Sr. counsel for the petitioner submits that the allegation against him relates to recovery of the truck for non- payment of installments by the owner of the truck. He submits that ordinarily recovery of the truck in such circumstances would not constitute a criminal offence rather the dispute between the parties is said to be civil nature. He relies on the decision of the Hon’ble Apex Court reported in A.I.R. 1979 SC- 850 to buttress his contention that recovery of the truck for default in payment of installments cannot justify a criminal proceeding which would be an abuse of the process of the court. Heard learned counsel for the State. Considering the facts and circumstances of the case and in view of the observations of the Hon’ble Supreme Court in the decision cited by the learned counsel for the petitioner, let the petitioner, named above, in the event of his arrest or surrender before the court below within six weeks from the date of production/receipt of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with two 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Arrah in connection with the First Information Report of Udwant Nagar (Gajrajganj) P.S. Case No. 27 of 2011, G.R. No. 385 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. Md. Ibrarul (Vikash Jain, J.)