IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33887 of 2008 1. RAJESH KUMAR S/o- Paras Nath Prasad R/o- Village- Mirganj P.S.- Mirganj District – Gopalganj Versus STATE OF BIHAR ----------- 2. 24.10.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered under Sections 406 and 420 of the Indian Penal Code. The allegation against the petitioner is to the effect that on the pretext of executing sale- deed, he received worth Rs. 1, 25,000/- . It is further alleged that petitioner neither returned the money nor executed the sale- deed in favour of the informant. Learned counsel for the petitioner submits that though the allegation against the petitioner is to be true, the allegation appears to be a civil nature and for that, the informant should have filed a Civil Suit for recovery of the money instead of filing a criminal case. Learned counsel for the State submits that the allegation against the petitioner is serious that is of playing - 2 - fraud but the same is completely of civil liability which the petitioner is required to discharge. Considering the facts and circumstances of the case, prayer for anticipatory bail on behalf of the petitioner is rejected. Accordingly, the same is rejected. If the petitioner surrenders before the court below and moves an application for bail, the same will be considered on its own merits and disposed it of, without being prejudiced by the order of this court. Jagdish (Shailesh Kumar Sinha,J)