IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31567 of 2010 ABHAY SINGH @ ABHAY KUMAR SON OF SRI RAJENDRA SHARMA PROPRIETOR JAI AMBEY ENGINEERING PATNA, GAYA ROAD, JEHANABAD, P.S. JEHANABAD, DISTRICT JEHANABAD. Versus THE STATE OF BIHAR ----------- 4. 26.3.2011. Heard Shri Birendra Kumar, learned counsel for the petitioner, Shri Hirday Prasad Singh, learned Additional Public Prosecutor and Shri Ajay Kumar Sinha, learned counsel appearing on behalf of the complainant. The petitioner, who apprehends his arrest in Complaint Case No.318 of 2008 registered for the offence under Sections 406 and 409 of the Indian Penal Code, has prayed for grant of bail in anticipation. It was alleged by the complainant that despite the fact that he had deposited the amount of Rs.65,000/- for purchasing Thrasher Machine, same was not delivered to the petitioner. It was alleged that petitioner, conspiring with Bank official, has cheated the complainant. Learned counsel for the petitioner, while referring to Annexure-4 of the supplementary affidavit, submits that while 2 considering the anticipatory bail application of co-accused Surendra Kumar, learned Sessions Court had noticed that complainant had already received the Thrasher Machine from Jai Ambey Engineering, Jehanabad. The petitioner is the Proprietor of the said firm. In view of the facts and circumstances, in the event of arrest or surrender before the court below within a period of one month from today, petitioner above named shall be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Ranjan, Judicial Magistrate, Ist Class, Jehanabad in Complaint Case No.318 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the petitioner shall also render full co- operation in the court below in disposal of the case. N.H./ ( Rakesh Kumar,J.)