IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13774 of 2010 MASOOD ALAM Petitioner Versus STATE OF BIHAR Opposite party. ----------- For the petitioner Mr. Helal Ahmad, Advocate For the State : Mr. Raj Ballabh Singh,A.P.P. ----------- 2 19.5.2010 Heard the parties. In a criminal prosecution for offence under section 420 and some other allied offences of the Indian Penal Code, the petitioner is said to have entered into an agreement with the informant for selling of his 3 bighas of land @ Rs. 38,000/- per bigha, for the total consideration money of Rs. 1,14,000/-. The petitioner happens to be own maternal uncle of the informant. In that view of the matter, the informant claims to have paid entire consideration money of Rs. 1, 14,000/- through one bank draft as also in cash. However, the sale deed was not executed by the petitioner and subsequently he allegedly return Rs. 1,13,000/- to the informant through two cheques, but that was dishonored by the bank. Learned counsel for the petitioner submits that the entire prosecution allegation is false and concocted. However, without going into merit of the case, learned counsel for the petitioner has taken a very fair stand that he (petitioner) would be depositing entire amount of Rs. 1,14,000/- in the court below provided it may be made subject to out come of the trial of the present case and the deposit made by the petitioner may not be construed as admission of guilt by the petitioner. In view of the aforesaid fair stand taken by the learned counsel for the petitioner, the petitioner is directed to deposit Rs. 60,000/- within a - 2 - period of four weeks from today and balance amount of Rs. 54,000/- shall be deposited within four weeks thereafter. If first installment of Rs. 60,000/- is deposited by the petitioner within a period of four weeks from today, then within the same period, in the event of arrest or surrender in the court below, the above named petitioner shall be enlarged on provisional anticipatory bail for a period of eight weeks on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Katihar in connection with Balrampur P.S. Case No. 4/2010, subject to the conditions laid down under section 438 (2) Cr.P.C. If the balance amount of Rs. 54,000/- is deposited by the petitioner within the time fixed by this Court, then provisional anticipatory bail shall be confirmed by the court below. However, if the amount, as directed above, is not deposited by the petitioner, then it will be construed that prayer made on behalf of the petitioner for grant of anticipatory bail has finally been rejected by this Court and in that case, petitioner will have to surrender in the court below and seek regular bail. It is made clear that the aforesaid deposit made by the petitioner shall be subject to out come of the trial in the present case and deposit shall not be construed as admission of guilt by the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman