IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45739 of 2008 Lal Baboo Rai, S/O Late Hira Rai, resident of Mohalla- Nandpuri Bhagwanpur, P.S. Sadar, District- Muzaffarpur. ---Petitioner. -Versus- The State of Bihar……………………………….Opposite Party. ----------- 2. 3.2.2009. Heard the counsel for the petitioner and the State. A complaint case was filed for offence under Sections 419,420 and 406 of the Indian Penal Code but cognizance has been taken under Sections 417 and 406 of the Indian Penal Code. Counsel for the petitioner submits that the allegations made in the First Information Report indicates that it is a civil litigation. The petitioner is alleged to have taken earnest money for transferring the land but did not execute sale deed. At best for such cause, a civil suit for specific performance of contract should have been filed. Considering these facts, the prayer for Anticipatory bail on behalf of Lal Baboo Rai is allowed. In the event of arrest or surrender within four weeks from today, the petitioner Lal Baboo Rai is directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-,(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri D.M. Tripathi, Judicial Magistrate, Ist Class, Muzaffarpur in connection with complaint case no. 670 of 2008(Trial No. 2831 of 2008) subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)