IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22027 of 2010 1. Asharfi Sah 2. Chandrika Sah Son of Sheonarain Sah 3. Rajeev Kumar Gupta son of Chandrika Sah All residents of Village-nautan Khurd, P.S.-Uchaka Gaon, Distt-Gopalganj. Versus THE STATE OF BIHAR ----------- 2. 14.07.2010 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 406 and 420 of the Indian Penal Code. It is alleged that the complainant being the resident of Arab country agreed to purchase the land from the petitioners and paid of Rs. 1,30,000/- But neither the money was returned nor the land has been transferred, hence the complaint case has been filed. Learned counsel for the petitioners submits that there is no document with regard to the payment of money. However, Annexure-2 suggests that 40,000/- (forty thousand) rupees were transmitted by one Chandrika Sah Petitioner no. 2 in the account of the complainant. Learned counsel for the State Mr. Mehta submits that there is allegation against the petitioners of misappropriating the Complainant’s money. 2 Considering the contractual nature of the allegation, let the petitioners above named be released on anticipatory bail, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today and on furnishing cash amount of Rs. 15,000/- each which will be deposited in the Nazarat of the Court below and also on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Gopalganj in connection with C. Case No. 807 of 2006 (Tr. No. 2444/10, Subject to the condition laid down under Section 438 (2) of the Cr. P.C. The aforesaid deposited money in the Nazarat will be subject to the result of the Case. Anand Kr. (Dinesh Kumar Singh, J.)