IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28208 of 2008 GOBARDHAN SAH @ HURO SAH Versus STATE OF BIHAR ----------- 2 25.09.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is in custody since 09.05.2008, in relation to Katoriya P.S. Case No. 65 of 2008 registered for offence under section 420 read with 120B of the Indian Penal Code. Background to the present case is that the informant filed the present case alleging that he had been defrauded by the petitioner in relation to a purchase of a piece and parcel of land on which a sum of Rs. 41,000/- was initially deposited and subsequent payments have also been made as a follow up. But when the informant wanted possession of the land, it was discovered and the description of the land has been wrongly given with the intent to defraud the informant. Looking at the allegation and the complicity of the present petitioner which may have some civil dispute element in it, let the petitioner, namely, Gobardhan Sah @ Huro Sah, be enlarged on bail on furnishing bail bond of sum of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Katoriya P.S. Case No. 65 of 2008. The court below shall ensure that the petitioner will refund the payment made to the informant before his release from custody. - 2 - The payment will be made on identification of the informant before enlarging the petitioner on bail. Petitioner will have liberty to deposit the money may be by draft in court in case the informant does not cooperate. The bail application of the petitioner is allowed with the above condition. Rajeev/ (Ajay Kumar Tripathi, J.)