IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34350 of 2011 ====================================================== Binod Kumar Agrawal, son of Sri Shantu Lal Agrawal, resident of Holding No 331A Block Tula Dungari, P.S. Golmuri Gattam Jamshedpur, District- East Singhbhum(Jhankhand). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Dr. Md. Raisul Haque with Mr. Ram Sevak Choudhary, Advocates For the Opposite Party : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel appearing on behalf of the petitioner. No one appears on behalf of the State of Bihar to oppose the prayer made on behalf of the petitioner. The petitioner apprehends his arrest in a criminal prosecution for offences under Sections 467, 468 and 419 of the Indian Penal Code. Learned counsel for the petitioner submits that initially the complainant Vijay Kumar filed Complaint Case No. 129(C) of 2008, which was sent to the police by the learned Judicial Magistrate in exercise of his powers under Section 156 (3) Cr.P.C. giving rise to Kashim Bazar P.S. Case No. 58 of 2008 dated 2 22.04.2008 (Annexure-1). After investigation of the aforesaid criminal case police found accusation against the petitioner to be false and submitted final Report vide Annexure-2. However, the complainant filed a protest petition, which was treated as a complaint vide Annexure-3, in which cognizance has been taken against the petitioner for the offences alleged, as noted in para-1 of this order. Hence, the present anticipatory bail application. In view of the facts that one statutory authority found accusation to be false and petitioner was not charge-sheeted, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant anticipatory bail. In the aforesaid facts and circumstances, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Complaint Case No. 1088C of 2009 to the satisfaction of learned Judicial Magistrate, 1st Class, Munger, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Devendra /- (Birendra Prasad Verma, J) 3