IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17586 of 2011 1. ASHOK KR. SINHA SON OF LATE BABU KAULESHWAR PRASAD SINHA. 2. SANJAY KUMAR SON OF LATE BABU KAULESHWAR PRASAD SINHA. 3. MANOJ KUMAR SON OF LATE BABU KAULESHWAR PRASAD SINHA, ALL RESIDENT OF VILLAGE- SATTAR, POLICE STATION-MANER, DISTRICT-PATNA. ……PETITIONER Versus THE STATE OF BIHAR. ….OPPOSITE PARTY. ----------- 02. 15.06.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 406, 420/120 of the Indian Penal Code. Allegation against the petitioners is that they had taken Rs. 2,25,000/- from the complainant for selling his land as per agreement dated 12.06.2003 but they neither executed the sale deed nor returned the aforesaid money to complainant. This case appears to be a civil dispute and the complainant had his remedy by way of filing the suit for specific performance of agreement or for recovery of the amount, but instead of adopting the said proper procedure, the complainant had filed the instant case. However, in any view of the matter, the petitioner has stated that he has already paid the said amount to the complainant as far back as on 17.11.2005, which is apparent from the receipt issued by the complainant (Annexure-2). Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender of the petitioners, namely, Ashok Kumar Sinha, 2 Sanjay Kumar and Manoj Kumar within fifteen days from the date of receipt of a copy of this order in the court below, they shall be admitted to bail on executing bail bonds of Rs. 10,000.00 (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class Patna, in connection with Complaint Case No. 1919 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Devendra/ ( S.N. Hussain, J.)