IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31309 of 2011 ====================================================== Nagmani Kumar @ Nagmani Singh, son of Jawahar Singh, resident of Village Rotwan, P.S. Baghaila, Distt. Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 16-11-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Section 406 of the Indian Penal Code. According to the prosecution case, the petitioner is alleged to have purchased on credit one diesel engine motor pump of eight horse power costing Rs.23,000/- from the complainant with a promise to pay the price at a later date. According to the complainant, despite reminders, the price of the diesel engine motor pump has not been paid by the petitioner. Learned counsel appearing on behalf of the petitioner submits that without going into the controversy about the correctness or otherwise of the prosecution allegation, the Patna High Court Cr.Misc. No.31309 of 2011 (4) dt.16-11-2011 2 petitioner is prepared to deposit Rs.23,000/- in the court below within a period of six weeks from today, provided the aforesaid deposit is not construed as admission of his guilt. Be that as it may, in the facts and circumstances of the case, if the petitioner deposits the aforesaid amount of Rs.23,000/- within the aforesaid period of six weeks from today either in cash or through treasury challan or through bank draft, as per direction of the learned trial court, then he shall be enlarged on bail, in the event of his arrest or surrender before the learned court below within the aforesaid period of six weeks from today in connection with complaint case No.474 (C) of 2008 (Tr. No.2323 of 2009) on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, it is made clear that if the petitioner fails to deposit the aforesaid amount within the time prescribed, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this Court, and in that case he will be obliged to surrender in the court below and seek regular bail, which shall be considered on its own merit, without being influenced by the present order. Patna High Court Cr.Misc. No.31309 of 2011 (4) dt.16-11-2011 3 It is further clarified that the amount deposited by the petitioner shall be kept intact by the trial court and if the petitioner is acquitted after conclusion of the trial, then the money may be returned to him. However, if he is held guilty, then money shall be forfeited and shall be utilized as per direction of the learned trial court. Anjani /- (Birendra Prasad Verma, J)