IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18258 of 2009 Dr. Kumar Sitaram Prasad Narain Singh @ Abhay, S/o Late Raghubanshmani Prasad Narain Singh, Dak Bunglow Road, Patna, P.S.-Kotwali, District- Patna. . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 21.05.2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that though petitioner is alleged to have agreed at Rs.10, 00,000/- for sale of the portion of the house for which he has taken the part payment of consideration money but the property was subject matter of a title suit which still is to be executed and after receiving of the possession, terms of the agreement can be fulfilled. In other words, any deed can be executed for the land for which agreement of sale was executed but fixing criminal liability upon the petitioner’s arrest never can be justified. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case no. 28 of 2005, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. Uday/ (Mandhata Singh, J.)