IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11616 of 2010 ABHAY KUMAR SON OF RAJENDRA SHARMA, PROPERITOR, JAY AMBEY ENTERPRISES, JEHANABAD, NEAR CHAKBANDI OFFICE, P.S. JEHANABAD, DISTT. JEHANABAD…… PETITIONER. Versus THE STATE OF BIHAR--- OPP.PARTY. ----------- For the petitioner: Mr. Birendra Kumar, Advocate. For the State : Mr. Umesh Lal Verma, A.P.P. ------ 2/ 29.04.2010 Heard the parties. In a criminal prosecution under sections 420 and 406 of the Indian Penal Code the petitioner, proprietor of Jay Ambey Enterprises, Jehanabad, is alleged to have sold a defective thrasher to the complainant on receiving Rs. 54,000/-. The complainant is said to have returned the aforesaid thrasher to the petitioner on a promise that the said amount shall be returned to him in some instalment. The allegations are denied by the learned counsel for the petitioner, but a fair stand has been taken that his client is prepared to deposit Rs. 54,000/-, subject matter of dispute, in the court below which may be kept there subject to outcome of the trial of the present case, and further deposit made by the petitioner may not be construed as admission of the guilt. In view of the aforesaid fair stand taken by the petitioner, without going into merit of the case, the petitioner is directed to deposit Rs. 54,000/- in cash in the - 2 - court below within a period of four weeks from today which shall be subject to outcome of the trial. If such a deposit is made, then in the event of his arrest or surrender in the court below within four weeks from today, the petitioner, above named, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Neeraj Kumar, Learned Judicial Magistrate, Ist Class, Jehanabad in connection with Complaint Case No.103 of 2008, Tr. No. 906/09, subject to the conditions as laid down under section 438(2) of the Cr.P.C. Non-deposit of money by the petitioner within four weeks from today shall be construed that the prayer made by the petitioner for grant of anticipatory bail has finally been rejected by this Court. ( Birendra Prasad Verma, J ) BTiwary/