IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27608 of 2009 SUBHASH SINGH S/o Late Ram Devan Singh resident of village Jamunapur P.S. Bihta Dist Patna Versus Petitioner STATE OF BIHAR Opp. party ----------- 2/ 09.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is alleged for demanding Rs 9,000/- as due of the loan amount for which no receipt was given. While the submission of the learned counsel for the petitioner is that Rs 30,000/- was taken as loan by Sarju Hembram, the original owner of the land, mortgaging the same with the Bank that was a charge unrebuttable. Sarju Hembram transferred it in favour of Til Agarwal and Sarwan Agarwal who transferred the same to the complainant. So complainant should have every knowledge of the charge if it was unrebutting but he did not prefer to make the payment rather filed this complaint case to exonerate from the liability which in itself is sufficient for making accusation against him but in no case that can be taken as a ground for rejection. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Thakurganj (Gallgalia) P.S. Case no. 178 of 2007, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Kishunganj subject to the conditions as laid down under Section 438(2) of Cr. P.C. shahid (Mandhata Singh, J.)