IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16493 of 2011 Binay Kumar Agrawal Versus The State Of Bihar ----------- 3 28.06.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 420, 406, 407, 467, 468, 379, 471 and 386/120B of the Indian Penal Code. The accusation is that 46226 bags of cement were transported to the complainant's go down at Gaya namely warehouse Maihar Cement, 53, Tekri Road, Gaya (Bihar), but by the time of consignment reached, the complainant did not remain the C.N.F., agent but the consignment was received by M/s Shree Sai Traders. The petitioner has been made accused as the partner of the M/s Shree Sai Trader. The agreement has been brought on record as contained in Annexure-2 which reflects that petitioner's brother Manoj Kumar was one of the partners of M/s Shree Sai traders and not the petitioner. 2 The railway receipt as contained in Annexure-6 reflects that the consignee place was Gaya warehouse, Maihar Cement, 53 Tekari Road, Gaya but it was directed to be delivered to the M/s Shree Sai Traders, which was signed by its manager. Learned counsel for the informant submits that the railway receipts have been interpolated by the accused persons. The petitioner was the sales promoter and actually he received the consignment for which no payment was made. It appears from the impugned order that during investigation, the accusation was found false and the final form was submitted. It further appears that on 23.07.2011, a police case was lodged by the complainant under Section 406 of the I.P.C. against unknown, in which the final form was submitted against which a protest petition is pending. The protest-cum-complaint was filed on 23.07.2009 whereas the police case was lodged against unknown without making any accusation against the petitioner by the informant three days prior to the lodging of the present complaint.The inconsistent 3 stand of the complainant clouds the bona fide of the accusation. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 1399/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)