IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34313 of 2011 ====================================================== Ahmad Sah @ Ahmad Prasad Sah son of Musharaff Sah, resident of village- Mahua Bazar, P.S. Bashmahi, District Saharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Abhay Kumar-I, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 14-10-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Sections 406, 420 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that admittedly the petitioner is a hawker and deals in cloths. He also submits that the entire prosecution case regarding non-refund of Rs. 1, 01,275/- by the petitioner to the complainant is the result of business dispute between the parties, and for the entire claim no documentary proof has been produced by the complainant. Learned counsel appearing for the State has opposed the prayer for anticipatory bail. He submits that the petitioner has been Patna High Court Cr.Misc. No.34313 of 2011 (3) dt.14-10-2011 2 / 3 2 absconding for quite a long time and, as such, he does not deserve the privilege of anticipatory bail. In response to the query made by the Court, learned counsel for the petitioner has fairly stated that the petitioner is prepared to deposit Rs.1,01,275/- in the court below within a period of eight weeks from today provided the deposit made by the petitioner may not be construed as an admission of the guilt and that may not adversely affect the defence of the petitioner during the course of the trial. Be that as it may, in view of the fair stand taken by the learned counsel, the above named petitioner is directed to deposit the aforesaid amount of Rs. 1, 01, 275/- within a period of eight weeks from today either by cash or by Demand Draft or by any other mode as per direction of the learned trial court. If the entire amount is deposited by the petitioner in the court below within the time prescribed then, in the event of his arrest or surrender in the court below within the aforesaid period of eight weeks from today, the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 1345C/2005, subject to the conditions as laid down under Section 438(2) Cr. P.C. It is made clear that if the petitioner fails to deposit the aforesaid amount within the time prescribed by this Court, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has been finally rejected by this Court and in that case, the petitioner would be obliged to surrender in the court below and, if so advised, may seek regular bail, which shall be considered on its own merit without being prejudiced by the Patna High Court Cr.Misc. No.34313 of 2011 (3) dt.14-10-2011 3 / 3 3 present order. It is further clarified that the deposit made by the petitioner shall be subject to result of the trial of the petitioner in the aforesaid complaint case. BTiwary/- (Birendra Prasad Verma, J)