IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41281 of 2009 Pappu Kumar Chaudhary @ Prem Kumar Chaudhary Versus The State of Bihar. O.P. ---------- For the petitioner : Mr. Anjani Kumar Sinha, Advocate For the State : Mr. Ahtesham Ali Khan, A.P.P. ----------- 3 5.5.2010 Heard the parties. In a criminal prosecution under section 406, 420 and 120 B of the Indian penal Code as also under section 138 of N. I Act, the petitioner is alleged to have received Rs. 1,70,000/- from the complainant for transferring 5 katha and 10 dhurs of land. Balance amount was required to be paid at the time of execution of the sale deed. Subsequently petitioner has not executed sale deed to the complainant, thereafter petitioner is said to have returned the aforesaid advanced money of Rs. 1,70,000/- though a cheque dated 25.2.2008, but that stood dishonoured by the bank on the ground that the account standing in the name of the petitioner was closed in the year 2007 itself. Learned counsel for the petitioner submits that in fact the entire allegation made in the complaint petition is false as he has not entered into an agreement for transfer of the land in question and he has not issued any cheque in favour of the complainant. Learned counsel appearing for the State by looking to the case diary submits that there is ample material to show the complicity of the petitioner in the crime in question. Be that as it may, in view of the nature of allegation, the prayer made on behalf of the petitioner for grant of anticipatory bail is rejected. The - 2 - petitioner must surrender in the court below in connection with Bahadurpur P.S. Case no. 14 of 2009, within a period of four weeks from today and, if so advised, seek regular bail which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman