IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28277 of 2008 SWAMINATH YADAV & ANR Versus THE STATE OF BIHAR ----------- 2. 15.09.2008 Heard the learned counsel for the petitioner and the State. The petitioners are accused for an offence under sections 323 and 406 of the Indian Penal Code. The allegation against the petitioners is to the effect that while the informant was in preparation to go to the Maskat for job after preparing the passport and other formalities, petitioners approached the informant and got him understood that since father of the petitioner No. 1 had spent many years in Maskat and having all the information with regard to the recruitment, he shall arrange job there. On that persuasion, the informant, as demanded by the petitioners, paid a sum of Rs. 1,20,000/- in total. It is further alleged that these petitioners arranged for the journey of the informant to Maskat and reached there. However, on reaching there, the informant got a job of Rs. 6,500/- whereas he expected the job of Rs. 16,000/- and - 2 - thereby the petitioners have committed the offence of breach of trust and thereafter on returning from the Maskat, on being approached by the informant, the petitioners misbehaved with him. Learned counsel for the petitioners submits that the allegation of demand of payment is absolutely incorrect. It is further submitted that since petitioners and informant are known to each other the petitioners only extended the helping hand without any considerdation. Learned counsel for the State opposes the prayer for bail. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Swaminath Yadav and Nandji Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 28 of 2008 corresponding to G.R. No. 647 of 2008 - 3 - subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)