IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4872 of 2010 PINTOO KUMAR & ANR Versus THE STATE OF BIHAR ----------- 3. 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 406/420/120 (B) of the Indian Penal Code. Initially the loan of Rs. 6,00,000/- was taken by petitioner No.1 from State Bank of India, Dumraon Branch, to which petitioner No.2 was the guarantor but the repayment of loan was not made, which culminated in filing of the present case. It is submitted by learned counsel for the Bank that at present the loan has accrued to the extent of Rs.10,84,000/-. It is submitted by learned counsel for the petitioners that the petitioners No.1 undertakes to give an application before the Bank that his mortgage land should be sold in lieu of adjustment of the loan amount and the balance amount will be paid by the petitioner No.1 within a period of 18 months. Learned counsel for the Bank has no objection in - 2 - payment of the loan amount by the petitioners in installments provided he complies his undertaking. Considering the submissions of the parties, let the petitioner No.1 file an application before the Bank incorporating the aforesaid undertaking within a period of 15 days and facilitate the sale of mortgaged land within a period of two months. The sale proceed of the mortgaged land will be utilized towards payment of the loan amount within a period of two weeks of the sale of the mortgaged land, the Bank will supply the account of the balance amount of the loan to the petitioners and the balance loan will be paid by the petitioner No.1 within a period of 18 months. It is open for the petitioners to pursue the Bank for settlement of the loan amount in accordance with law. In view of the aforesaid undertakings and the conditions, let the petitioners namely, Pintoo Kumar and Lakshman Prasad in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 Chief Judicial Magistrate, Buxar, in connection with Dumraon Police Station Case No. 159 of 2009. - 3 - The Bank is at liberty to file cancellation of bail of the petitioner No.1, if he fails to comply the undertaking. S.S. (Dinesh Kumar Singh, J.)