IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4168 of 2009 SYED ASRARUL HASNAIN @ ISHU BABU @ ISRASUL HASNAIN S/O LATE SYED ZAHIRUL HASRAIN R/O VILL. KATNIKOL, P.S.& DIST. SHEIKHPURA. ------ PETITIONER Versus STATE OF BIHAR ----- OPP. PARTY. ----------- For the petitioner: Mr. Basant Kumar Singh & Dr. Anjani Prasad Singh, Advocates. For the State: Mr. C.Jawahar, APP. 02. 29.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under Sections 406, 420 of the Penal Code. As per allegation in the F.I.R., an agreement was entered into between the informant and the petitioner and his brother in respect of sale of certain piece of land. It is the prosecution case, that subsequently the sale was affected in 2001 itself in respect of one decimal of land. The informant has alleged that in stead of one katha of land only one decimal of land was conveyed to him. It is further contended that the police upon conclusion of investigation, did find material only against the brother of the petitioner with whom the informant had some agreement respecting sale of land. Accordingly, a final report so far as the present petitioner is concerned, was submitted. The court accepted the said final report whereafter the informant filed a revision application which was disposed of observing that if the circumstances so warrant the petitioner 2 herein may be summoned under Section 319 of the Code of Criminal Procedure. On the basis of the said observation, the petitioner has now been summoned invoking Section 319 of the Code of Criminal Procedure. In the facts and circumstances of the case, this court is inclined to extend the petitioner to the privilege of anticipatory bail. In the event of his arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No 138 of 2003 (G.R.No. 415/2003), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code Sym/ (Kishore K. Mandal, J.)