IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14581 of 2009 1. PRADEEP KUMAR SINGH 2. VIJAY TIWARY --- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 02 01.09.2009 Heard both sides. Petitioners, who are two in numbers, have applied for anticipatory bail in a case instituted under Sections 420 and 406 of the Penal Code. The case arises out of a complaint. Allegation as per the complaint presented on 27.07.2007 is that petitioner no.2 is the agent of petitioner no.1, who is the authorized dealer of Excort Tractor agency. On inducement, the complainant deposited certain amount with the dealer for purchase of a tractor. Allegation is that the tractor was not given to the complainant. Referring to annexure-2 learned counsel for the petitioner submits that in fact as the complainant was acquainted with the petitioner he was delivered a brand new tractor under a receipt on the assurance that the amount to be paid to him by the Bank shall be adjusted the cost/ price of the tractor. Certain documents relating to land of the complainant was also to be deposited with the petitioner. It is next contended that subsequently the tractor met with an accident that prompted the petitioner to put him on notice. The notice is annexure-3, which 2 is dated 11.07.2007. It is further contended that no sooner he was served with notice he rushed to the court and filed the present complaint. Having regard to the submissions, this court is persuaded to extend them the privilege of anticipatory bail. Let the petitioners above named, in the event of their arrest or surrender before the court below within a period of 04 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Bhabhua Dist. Bhabhua in connection with Complaint case no. 935 of 2007 (Tr. No. 2139 of 2009),subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Sym/ (Kishore K. Mandal, J.)