Pradeep Kumar, J. - (1.) HEARD learned Counsel for the Petitioner and learned A.P.P. for the State.
(2.) THE Petitioner, who is an accused for offence under Sections 406 and 420 of the Indian Penal Code, prays for anticipatory bail, apprehending his arrest in connection with Bariyatu P.S. Case No. 392 of 2010, corresponding to G.R. No. 5361 of 2010. It is submitted by the learned Counsel for the Petitioner that a sum of Rs. 2,30,000/for the sale of the lands were taken by main accused, Mukesh Kumar on 25.2.2009 in cash and on 20.3.2009 by cheque and rest amount of Rs. 28,400/was taken by Vidya Sagar Singh, for which he gave a separate receipt and in spite of that Mukesh Kumar and Vidya Sagar Singh failed to execute the sale deed and thereby committed offence, but as far as this Petitioner is concerned there is No. receipt granted by him and the Petitioner who is step brother of the Mukesh Singh, has falsely been implicated, hence Petitioner prays for anticipatory bail.
(3.) LEARNED Counsel for the State has opposed the prayer for anticipatory bail and submits that in para 26 of the case diary witness has stated that Rs. 1 lakh was given in his presence.;