IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46630 of 2008 1. RUPAN SINGH SON OF BULAKI SINGH, RESIDENT OF VILLAGE BHANDARTAL, POLICE STATION BARARI, DISTRICT KATIHAR 2. VINOD PD. BHAGAT @ VINOD BHAGAT SON OF LATE GOPAL BHAGAT, RESIDENT OF VILLAGE KARHA GOLA GHAT, POLICE STATION BARARI, DISTRICT KATIHAR 3. RAMESHWAR PASWAN SON OF LATE KAPURI PASWAN, RESIDENT OF VILLAGE BARI NAGAR, KUNWAR TOLA POLICE STATION BARARI, DISTRICTKATIHAR …… PETITIONERS. Versus 1. THE STATE OF BIHAR 2. MANSOOR ALI, S/O LAKMAN ALI, R/O VILLAGE UCHLA, P.S. BARARI, DIST.-KATIHAR …… OPPOSITE PARTIES. ----------- 5. 23.6.2009 Heard learned Counsel for the petitioners and opposite party no.2. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 406/34 of the Penal Code. They are alleged to have misappropriated a sum of Rs.72,500/- which was paid to them by opposite party no.2 in instalment as it is evident from the first information report but no receipt for such payment was obtained by opposite party no.2 from the petitioners. Counsel for the petitioners further submit that present complaint is in retaliation of the earlier first information report lodged by him vide Annexure-3 against the opposite party no.2 and one Sushil Chaudhary. Opposite party no.2 has already been admitted to the privilege of bail in the said case. As opposite party no.2 has not obtained receipt showing payment of Rs.72,500/- from the petitioners, this Court without expressing any opinion on the merits of the case directs 2 that the petitioners, namely, Rupan Singh, Vinod Pd. Bhagat @ Vinod Bhagat and Rameshwar Paswan be admitted to the privilege of bail, in the event of their so surrendering in the court below within a period of four weeks from today, on furnishing bail bond of Rs.5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari P.S.case No.142 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Narendra/ ( V. N. Sinha, J. )