IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3457 of 2010 AINNUDDIN ANSARI Versus STATE OF BIHAR with Cr.Misc. No.9759 of 2010 MD.BADSAH ANSARI Versus STATE OF BIHAR ----------- 4. 13. 04. 2010. Heard Mr Rajani Kant Pandey, learned counsel appearing on behalf of the petitioners and Mr. Nitya Nand, learned Additional Public Prosecutor for the State. The petitioners in both the cases apprehend their arrest in connection with Complaint Case No. 1042 C of 2008, in which cognizance has been taken under Sections 406 and 417 of the Indian Penal Code. According to the prosecution case, the complainant made an advance of Rs. 1,80,000/- to the petitioners in order to purchase six bighas of land from one Akhilesh Kumar Pandey. Accordingly, an agreement was signed on 16. 01. 2009. Despite payment of advance amount and despite execution of agreement, lands could not be transferred to the complainant. The petitioners are said to be brokers. It is submitted by the learned counsel for the petitioners that they are prepared to deposit of Rs. 1,80,000/- in the court below subject to outcome of the trial. In that view of the matter, petitioners are directed to deposit Rs. 1,80,000/- in the court below within a period of eight 2 weeks from today. If such a deposit is made within the time fixed by this Court, then in the event of their arrest/surrender within the same period, the petitioners, namely, Ainnuddin Ansari and Mohd. Badsah Ansari, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Complaint Case No. 1042 of 2008, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. However, it is made clear that if the aforesaid amount is not deposited by the petitioners within time fixed by this Court, then it would be construed that prayer made on behalf of the petitioners for grant of anticipatory bail has been finally rejected by this Court and thereafter, petitioners would be obliged to surrender in the court below and seek regular bail, if so advised. m.p. ( Birendra Prasad Verma, J.)