IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47174 of 2008 BINOY KUMAR @ VINAY KUMAR Versus STATE OF BIHAR ----------- 3 10.04.2009 Heard both sides. The petitioner apprehends his arrest in connection with Sugauli P.S. case no. 28 of 2008 instituted under sections 406 and 409 of Indian Penal Code and approached this Court for grant of anticipatory bail. As per allegation, the petitioner who is an Architect and owner of certain firm was assigned the job of preparing Master Plan and DPR under UIDSSMT or IHSDP scheme sponsored by Government of India. He was paid a sum of Rs. 70,000/- for the said purpose by a cheque. The allegation is that neither the amount was returned back nor the work assigned to him was performed within time stipulated under the order assigning the work. Counsel for the petitioner referring to different annexures submits that requests were made to furnish certain data enabling the petitioner to complete his work but the same were not made available within time by the Nagar Panchayat authorities. Ultimately, the petitioner deposited the said amount of Rs. 70,000/- by way of a bank draft. In this connection, he draws attention of the Court to the documents placed at page 28 of the brief. Having regard to the facts appearing from the record 2 and keeping in view the fact that the amount which the petitioner received for the work, has been replenished, this Court is persuaded to grant him privilege of anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. case no. 28 of 2008 subject to the condition as laid down under section 438(2) of Code of Criminal Procedure. pkj ( Kishore K. Mandal, J. )