IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8946 of 2010 KRISHNA SINGH SON OF LATE RAJDEO SINGH, RESIDENT OF MOHALLA- SAHAZANAND COLONY, BHAGALPUR,P.S. SADAR, DISTRICT- MUZAFFARPUR………………….. PETITIONER Versus STATE OF BIHAR………………………………….OPP.PARTY ----------- 2 19-4-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in a case under sections 406,420,467,468,471 and 120(B) of the Indian Penal Code. It has been submitted that according to the informant altogether 11 persons forming a gang have indulged in cheating him of Rs.40,000/- on the assurance that a Mobile Tower will be installed to his benefit but specific allegation is against one Manish Kumar and Shashi Kumar only with further allegation against one Amit Kumar that he obtained signatures on several documents from the wife of the informant. It has further been submitted that one of the named accused Jitendra Kumar has been allowed anticipatory bail vide Cr.Misc.No. 30515/09 on the ground that he was only an employee of the Company and had no concern with other activities. No doubt specific allegations have been made against Manish Kumar and Shashi Kumar as the persons who went to the house of the informant and enticed him to part with Rs.40,000/- but name of the petitioner has been mentioned not only as a person sitting in the room where transaction took place but at the end of the F.I.R. there is a specific assertion that the main members of the gang are Manish Kumar, Shashi Kumar and this petitioner. 2 In that view of the matter and considering some acts of cheating by the gang, such as by issuance of four appointment letters as mentioned in the F.I. R. this Court is not inclined to grant anticipatory bail to the petitioner. From the last paragraph of the F.I.R. it is clear that case of this petitioner stands on different footing to that of employee of the company such as Jitendra Kumar who has been granted anticipatory bail . This order shall not prejudice the case of the petitioner if he surrenders and seeks regular bail on the ground available to him in accordance with law. Naresh ( Shiva Kirti Singh, J.)