IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34921 of 2011 Gulasher Khan @ Gulsher Khan, Son of Mahmud Khan, resident of village – Sawareji, P.S. – Mirganj, District – Gopalganj. -------- Petitioner. Versus The State of Bihar -----Opposite Party ******* 02. 14.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Gopalpur P.S. Case No. 74/2011 for offences under Sections 420/406 of the Indian Penal Code, is solitary named accused in this case instituted on the basis of complaint case no. 1252/2011 with allegation of taking two passports and a sum of Rs. 1,40,000/- to provide Visa to the complainant and his brother, but failed to do so, though, returned the passports but, after initial avoidance refused to return the money. Submission is that petitioner and complainant informant are working together and a sum of Rs. 15,000/- was taken by the petitioner by way of accommodating loan out of which Rs. 10,000/- was returned, but due to delay caused in payment of remaining Rs. 5000/- this case has been instituted. However, to avoid further complication petitioner is ready to pay the complainant informant Rs. 15,000/- subject to result of the case and he has also no criminal antecedent. If, it is so, considering the facts and circumstances of the case, in the event of payment and deposit of Rs. 15,000/- to the complainant informant as offered and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Gopalpur P.S. Case No. 74/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)