IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10764 of 2010 1. Surendra Singh, Son of Late Sudama Singh. 2. Rupesh Kumar Singh @ Rupesh Singh. Son of Surendra Singh, both are residents of Village- Baunaganj, Police Station- Darauda, District-Siwan......................Petitioners. Versus THE STATE OF BIHAR...........................................Opposite Party. ----------- 2. 10.05.2010. Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a police case registered under Sections 406, 506/34 of the Indian Penal Code which is Annexure-1 in which it is alleged that Rs. 40,000/- was taken as loan by petitioner no.1 which has not been returned and for that a Sanha was lodged and on the basis of the said Sanha the present case was registered. It is submitted on behalf of the learned counsel for the petitioners that with Sanha no documentary prove in support of payment of money has been brought on record and frivolous case has been lodged as no such money was taken by the petitioners. From perusal of the F.I.R. it appears that the money was taken as a loan. In that circumstances, the petitioners, Surendra 2 Singh and Rupesh Kumar Singh @ Rupesh Singh are directed to be released on bail on their surrender before the court below within a period of twelve weeks from today in connection with Manjhi P.S. Case No. 104 of 2009 on furnishing bail bond of Rs. 10,000/- (Ten Thousand)each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)