IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41558 OF 2009 ASHOK KUMAR TIWARY, SON OF LATE SHEOPUJAN TIWARY, RESIDENT OF VILLAGE AND POST BHADASERA, POLICE STATION TARARI, DISTRICT BHOJPUR AT PRESENT 6 B/8, NORTH S. K. PURI, TILAK MARG, POLICE STATION S. K. PURI, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******* 2 09/03/2010 Heard learned Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State. The petitioner is apprehending arrest in a case under Section 406 of the Indian Penal Code. The allegation in the complaint petition is that there was an agreement to sale with the complainant and the complainant has given an advance of Rs 75,000/-. Learned Counsel for the place of occurrence submits that the case has been instituted after one year of the payment of the alleged amount. It is further submitted that the proper forum for the complainant would have been to file a suit for specific performance of contract and for recovery of the advance amount given to the petitioner. Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Complaint Case No. 2054 (C) of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)