IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29213 of 2008 ALOK PRASAD MANDAL Versus STATE OF BIHAR ----------- 2. 5.8.2008 Heard. The facts of the case is that in spite of getting the entire consideration amount and there being a registered agreement to sell a particular piece of land the petitioner did not execute the sale deed and committed offences as per the allegations in the petitions of complaint which is the basis of the FIR. The simple contention is that it could be giving rise to an appropriate cause of action for filing a suit for performing the specific part of the contract to be performed by the petitioner and it could never constitute a criminal offence. The further contention is that co-accused who happens to be the son of the petitioner has been admitted to anticipatory bail by the court below itself. Regard being had to the nature of the allegations and the contention and the fact that one of the co-accused has been granted anticipatory bail, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Shri Gulam Gaus, Judicial Magistrate, Ist Class, Bhagalpur in Mozahidpur(Babarganj)P.S.Case no.27 of 2008. B.Kr. ( Dharnidhar Jha, J. )