IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30700 of 2009 RAMJEE PRASAD, Son of late Chandeshwar Prasad @ Mahto, resident of Village-Ganipur, P.S.-Hilsa, District-Nalanda, wrongly stated in the complaint as Mohalla-Benipur. ............Petitioner. Versus THE STATE OF BIHAR ..........Opp. Party. ----------- 2/ 08.09.2009 Heard learned counsel for the petitioner and the State. Allegation against the petitioner is that during business transaction clothes worth Rs. 76,094/- was taken by the petitioner and only Rs. 24,350/- was paid. Thereafter, payment of residual amount was also not made and the business transactions were also came to an end between the parties. Counsel for the petitioner submits that the allegation do not make out any offence under Section 406 of the IPC. The bills annexed with the complaint case indicate that supply was made to Mahalaxmi Vastralaya and owner of Mahalaxmi Vastralaya is not the petitioner but his brother, namely Virendra Prasad. No offence is made out against the petitioner. Considering these facts, prayer for anticipatory bail on behalf of the petitioner namely, Ramjee Prasad is allowed, in the event of his arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of - 2 - the like amount each to the satisfaction of Sri P.K. Singh, Judicial Magistrate, Ist Class, Patna City, Patna in connection with Complaint Case No. 906 of 2005 subject to the conditions laid down under Section 438(2) Cr. P.C. Sanjeet/ (Mridula Mishra, J.)