IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43367 of 2008 DEVENDRA KUMAR MISHRA, S/O LATE GANGADHAR MISHRA, R/O MOHALLA MALLAH TOLI (NADRAGANJ), P.S. CIVIL LINES (GAYA), DISTRICT-GAYA. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 2 12.12.2008 Agreement for sale was allegedly entered into by and between the petitioner and the complainant when the complainant made an alleged payment of Rs.96,000/- as earnest money to the petitioner but the petitioner did not transfer the property agreed to be purchased is the basic complain in the complaint. The complainant alleges later on he came to learn that the petitioner is not the owner of the property. This complaint was directed to be registered as a first information report and at that stage anticipatory bail was granted to the petitioner until filing of the charge sheet. The charge sheet has now been filed which does not say that payment of Rs.96,000/- by the complainant to the petitioner has been acknowledged in writing. The agreement for sale is oral. On the other hand, petitioner has got a decree of eviction of the complainant from the self same property which was allegedly agreed to be purchased by the 2 complainant. In view of the clear cut pronouncement of the Hon’ble Supreme Court in the case of Bharat Choudhary and Anr. Vrs. State of Bihar and Anr; reported in (2003) 8 SCC 77, an application for grant of anticipatory bail by the person who was on anticipatory bail until filing of the charge sheet is maintainable after filing of such charge sheet. In the circumstances, and in view of what has been stated above, the present application is allowed. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in Civil Lines P.S. Case no. 273 of 2007, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad