IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21979 of 2010 LOHARI KUMAR @ AVANISH KUMAR, son of Sri Asnarain Singh, resident of village – Gopalpur, P.S. – Ranitalab, District – Patna. ----------- Petitioner. Versus THE STATE OF BIHAR ------- Opposite Party. ------- 05. 25-10-2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case carries allegation of taking amount worth Rs. 91,000/- from the informant after assuring to get the deed executed by one Vikash Kumar with whom informant was negotiating for purchase. There is counter version also by way of Ranitalab P.S. Case No. 128/2009, wherein everything appears to be admitted except that the money was taken by the petitioner for Vikash Kumar, whereas as per assertion of the petitioner, money was paid to said Vikash Kumar in his presence to facilitate the transaction for which negotiation was going on. Considering the facts and circumstances of the case and taking into consideration the alleged assurance given by the petitioner, on the event of deposit of 25% of the claimed amount subject to result of the case and liberty to realize the amount from the person allegedly received the amount and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Lohari Kumar @ Avanish Kumar, is directed to be - 2 - released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur at Patna, in connection with Ranitalab P.S. Case No. 129 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)