IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34565 of 2009 RAM DAYAL CHOUBEY SON OF LATE RAM CHANDRA CHOUBEY, RESIDENT OF VILLAGE – SULTANPUR, P.S. – RAMGARH, DISTT. KAIMUR (BHABUA). --------- PETITIONER. Versus STATE OF BIHAR ----------- 2. 12/11/2009 Heard The petitioner is apprehending his arrest in a case under Section 406 of the Indian Penal Code. Learned counsel for the petitioner submits that it is unbelievable that the informant had paid Rs. 1,89,000/- to the petitioner as an advance to purchase a piece of land. The allegation against the petitioner that he is not executing sale deed even after receiving payment, can hardly be believable without any document which could show that the money was paid. In any event, this fact would be considered during the trial of the case. Be that as it may, the petitioner above named is directed to be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of six weeks on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Kaimur (Bhabua) in connection with Complaint Case No. 265 of 2009, Trial No. 2540 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. S.Ali (Sheema Ali Khan, J.) 2