IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31102 of 2011 Jaiprakash Prasad, Son of Late Kashi Sao, resident of village-Pakribarawan, P.S.-Pakribarawan, District-Nawada. Versus The State of Bihar ----------- 2. 14.09.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the informant. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections 420, 406, 467 & 120B of the Indian Penal Code. It is alleged that the informant and his wife had entered into an agreement for sale in respect of house and shop situated in plot no. 6949 Khata No. 1903 for Rs. 5,00,000/- with co-accused Naresh Prasad Gupta, Vijay Prasad Gupta, Rajeev Kumar Gupta and Chhotelal Gupta by agreement dated 18.1.2005. Subsequently, the informant came to know that the land in question was recorded in the name of State of Bihar and a civil suit was also filed for correction of Khatian. Hence, it was agreed to execute sale deed after disposal of the case and another agreement for sale was entered into between the parties on 22.4.2005. The informant alleges that he had given Rs. 3, 80,000/- as advance for the said land and house. Subsequently, the informant came to know that the land in question was transferred in favour of the petitioner by a registered sale deed and thus, it is alleged that he was cheated. It is stated on behalf of the petitioner that no offence, whatsoever, is made out against him. The petitioner has not 2 received a single penny. To the contrary, he had purchased the land in question on payment of due consideration amount. In case, there is any dispute, the petitioner can have a grievance that he has been cheated by the co-accused but, by no stretch of imagination, it can be said that the petitioner either committed breach of trust, forgery or cheating. Be that as it may taking into consideration the nature of allegation, let the petitioner, namely Jaiprakash Prasad in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 136 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)