IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45017 of 2008 SHIVJEE MAHTO Versus STATE OF BIHAR & ORS ----------- 3 21.04.2009 Heard counsel for the petitioner, State and counsel for opposite party No.2. Petitioner is apprehending his arrest in connection with a case registered for the offence registered under Sections 406, 420, 120(B) of the Indian Penal Code, as it is stated that having accepted advance for executing sale deed, he is neither executing sale deed nor refunding the advance. This case was initially taken up for admission by another Bench of this Court and under orders dated 23.12.2008 the petitioner recorded his willingness to refund the advance taken for sale of land and appreciating such submission, this Court issued notice to the informant but it appears, in spite of service of notice on the informant, he has not chosen to appear before this court. Let petitioner surrender before the Court below within a period of four weeks from today and deposit the advance taken for executing the sale deed. In the event 2 petitioner, Shivjee Mahto deposits the advance taken for executing the sale deed he be admitted to privilege of bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 178/2008. Bibhash (V.N. Sinha, J.)