IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44340 of 2008 SANJAY KUMAR SAH(MUKHIYA), son of late Radhakant Sah, Resident of village Chowk Bazar Mehsi, P.S. Mehsi, District East Champaran-----------------------petitioner Versus THE STATE OF BIHAR---------------------------opp.party ----------- 2. 18.12.2008 Heard. In the complaint it has been alleged that the sale proceeds of fruits of the orchard of the complainant was kept with the petitioner, Mukhiya of the village, inasmuch as the step mother of the complainant claimed that she is the owner of the orchard. It has been alleged that the petitioner was to decide by looking into papers to be submitted by the parties as to who is entitled to the sale proceeds and, if both, who was entitled to what. It has been stated that no such adjudication was made and the petitioner also did not pay the sale proceeds to the complainant. The complaint was filed on 29th October, 2005 without indicating what amount of money was deposited with the petitioner. Before the complaint was filed, twice demands were made in writing seeking refund of the money from the petitioner and twice the petitioner denied having received any such money. 2 Taking these factors into account, the application of the petitioner for grant of anticipatory bail succeeds. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Trial No. 2964/08, arising out of Complaint case no. 2211/05 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh,J.) spal/