IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29795 of 2011 Arun Kumar Chaudhary, Son of Sri Arjun Pd. Chaudhary, R/o Village Sarairanjan Tola, Ajitganj, P.S. Sarairanjan, District Samastipur. -------Petitioner Versus The State Of Bihar. -----Opposite Party -------------- 02/- 28/09/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 406 of the Indian Penal Code, is solitary named accused in this complaint case with allegation that he got Rs. 5,000/- from the complainant to deposit in a particular scheme on payment of four times after expiry of ten years, but without any paper/bond, even on demand and subsequently after expiry of ten years maturity amount was claimed which is not paid. Submission is that there was no such payment. Moreover, to explain the delay in preferring present application, it is submitted that initially against the order taking cognizance Cr. Rev. No. 170 of 2007 was preferred which was dismissed on 15.03.2010 against which Cr. Misc. No. 2421 of 2010 has been filed before this Court, which is yet pending. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. 1507 of 2005, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)