IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34851 of 2009 1. SUMIRAK YADAV 2. Sudhir Yadav Both are sons of Jaypal Yadav, resident of vill.-dharam Bigha, P.S.-Nimchak Bathani, Distt.-Gaya 3. Raghunandan Chauhan, son of Bhola Chauhan, resident of vill.-Kamalpur Beldariya, P.S.-Nimchak Bathani, Distt.-Gaya---------------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 23.11.2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that differences arose in between the parties on the point of payment or non-payment of wages of labourers which petitioner no.3 had supplied. Allegation under section 379 of the Indian Penal Code is super-addition and no case under section 406 of the Indian Penal Code is made out. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. case no.9 of 2009, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )