IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25786 of 2008 MUJIB KHAN @ MOJIB AHMAD Versus STATE OF BIHAR & ANR ----------- 2. 22.07.2008 Heard the counsel for the petitioner and the State as well as the complainant. The dispute relates to payment of dues which according to the complainant has been illegally detained by the petitioner because of non-fulfillment of illegal demand from the complainant. The complainant alleges that he has executed work of construction of the boundary of cemetery and total payment has been received by the petitioner but it is not being paid to the complainant as the complainant refused to satisfy petitioner’s illegal demand. Allegation is a question of calculation but this much is sure that earlier two cheques for Rs 50,000/- & 47,000/- were issued in favour of the complainant. The complainant is further demanding Rs 50,000/- and odd. The prayer for grant of anticipatory bail on behalf of the petitioner, Majib Khan @ Mojib Ahmad who is junior engineer is provisionally being allowed. In the event of arrest of his arrest or surrender within four weeks from today in the court below, he will be released on bail on furnishing bail bond of Rs 10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of CJM, Nalanda at Bihar Sharif in connection with Complaint Case No. 1473(C) of 2007. After grant of provisional anticipatory bail, the petitioner as well as the complainant will get their dispute resolved and the Superintending Engineer will look into the matter. In case the superintending engineer finds that the dues payable to the complainant, has been withheld by this petitioner, the anticipatory bail should not be confirmed but in case it is found that the legal dues of the complainant has been paid , it should be confirmed. The Superintending Engineer, N.R.E.P. Block-I, Bihar Sharif (Nalanda) will consider this matter and submit a report before the CJM, Nalanda at Bihar Sharif within eight weeks from today, on consideration of report provisional bail should be confirmed/rejected. AKV/ (Mridula Mishra,J.)