IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11471 of 2010 YOGENDRA RAI . Versus STATE OF BIHAR . ----------- 2. 04-May-2010 Heard learned counsel for the petitioner and learned counsel for the State. It has been submitted on behalf of the petitioner that he is elder brother of the complainant and as per allegations, on trust the petitioner was entitled to receive retirement benefit and handle other house properties of a deceased uncle who died issueless and petitioner refused to give due share to his brother, the complainant. According to learned counsel for the petitioner the allegations amount to civil dispute between brothers for share in property and there is no case of entrustment of property so as to attract offence for breach of trust under Section 406 IPC or of cheating under Section 420 IPC. On behalf of the complainant it has been submitted that there was an agreement that share of the complainant will also be given also but that has been breached by the petitioner. Considering all the facts and circumstances, the prayer for anticipatory bail is allowed. In the event of arrest/surrender within six weeks, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Saran at Chapra in connection with Complaint Case No. 3825/2009 (Trial No.1107/10) subject to the condition as laid down under Section 438(2) of the Cr.P.C. perwez (Shiva Kirti Singh,J.)