IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32526 of 2008 MANOHAR RAJAK S/0- Shri Ganauri Prasad R/0- Village – Siyadih Tola, Mathiyapur, P.S.- Konch, District Gaya Versus STATE OF BIHAR ----------- 3. 12.11.2008 Heard learned counsel for the petitioner and the state. Petitioner is an accused in a case registered for the offences under Section 409 of the Indian Penal Code. It is alleged that petitioner was a contractor who was advanced a sum of Rs. 1 lac 25 thousand for carrying out certain works. He did not complete the work. As such, he requested to the petitioner to return back the alleged amount. Petitioner neither returned back the alleged amount nor completed the work. Learned counsel for the petitioner submits that as a matter of fact, he completed the work. In support of that he has referred to the certain paragraphs of the case diary and copy of which has been annexed in this application as contained in Annexure -4. Learned counsel for the State, opposes the prayer for bail and submits that the conduct of the - 2 - petitioner is not fair. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Jagdish/- (Shailesh Kumar Sinha,J)