IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1743 of 2009 1. Nagendra Singh son of Late Ram Narayan Singh, resident of village Hasanpur, P.S. Pipra, District East Champaran 2. Vishwakarma Ram son of Deep Ram, resident of village Kunyarpur, P.S. Pipra, District East Champaran…………………………….Petitioners. Versus The State of Bihar…………………………Opposite Party. ----------- 02/ 24.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 420, 406, 409 and 471 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is the Chairman and petitioner no.2 is the Secretary of Primary Agricultural Cooperative Society and the entire allegation against them is false and frivolous, as the allegation of misappropriation of the loan amount was absolutely falsified by Sudama Sah and Bipat Rai, who had sworn an affidavit stating that they had received the loan amount and thereafter it was paid by them. Learned counsel for the petitioners submits that the F.I.R. is of 1990 and still investigation is continuing merely for the purpose of harassing the innocent persons. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely, 2 Nagendra Singh and Vishwakarma Ram shall be released on bail on furnishing bail bonds of Rs.10,000.00(Rupees ten thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No.86 of 1990, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)