IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12969 of 2008 MAHADEO RAI Versus STATE OF BIHAR ----------- 2 07.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends her arrest in Benipatti P.S.Case No. 34 of 2007 registered under sections 406 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner was allotted the work of electrification as per the four contracts. The petitioner completed the work against the first contract and on submission of the bill the same was not paid and on account of that he refused to carry out the further work. The above actions of the petitioner led to filing of the criminal case against him vide Madhwapur P.S.Case No. 57 of 2003 and Bisfi (Patauna) P.S.Case No. 118 of 2003. It is further submitted that in those cases the petitioner was granted anticipatory bail as per the orders dated 20.11.2006 and 06.12.2006 passed in Cr. Misc. Nos. 43226/06 and 43051/06 (Annexures-6 & 6/1). It is submitted that for having similar allegations the present case as per the F.I.R. (Annexure-1) has been lodged against him. In this case also the allegations levelled against the petitioner are virtually the same which was in the earlier cases and the defence of the petitioner is also the same. As such the petitioner deserves to be granted the privilege of anticipatory bail. Having considered the submissions as noticed above and on perusal of the allegations levelled in the F.I.R, averments made in the - 2 - petition and considering the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Mahadeo Rai 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 the Chief Judicial Magistrate, Madhubani in connection with Benipatti P.S.Case No. 34 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)