IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41587 of 2009 1. KRISHNA BALLABH SINGH @ KARU SINGH,son of late Bengali Singh. 2. Uday Kumar,son of Krishna Ballabh Singh. Both resident of village-Barahiya Tar of Ram Charan (Pipal tar),P.S.-Barahiya, District-Lakhisarai. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr.Pramod Kumar,Advocate For the State :Mr.Umesh Lal Verma,Addl.P.P. ----------- 03/ 10-05-2010 A supplementary affidavit has been filed on behalf of the petitioners bringing on record certain documents. Let it be kept on record. Heard the parties on merit. In a criminal prosecution for the offences under Sections 406, 420 and some other allied offences under the Indian Penal Code, petitioner no.1 is the uncle of the informant/complainant and petitioner no.2 is his cousin, being the son of petitioner no.1. According to complaint petition, one Bangali Singh, grand father of the informant/complainant, as also father of petitioner no.1, had purchased a tractor by taking loan from the State Bank of India. In a family partition the aforesaid tractor fell in the share of Bangali Singh, who died in the year 1998 and thereafter petitioner no.1 started managing the affairs of the aforesaid tractor on promise that the loan amount shall be paid by him. The complainant has alleged that petitioner no.1 has not paid the loan amount to the bank and instead he demanded rupees two lac and there is some allegation of assault also against him. 2 By filing a supplementary affidavit on behalf of the petitioners, learned counsel for the petitioners states that now the entire loan amount has been repaid to the bank and the bank has also issued no dues certificate on 26-03-2010 (Annexure-2). Of course, loan amount has been repaid by the petitioners during the pendency of the present application. Be that as it may, in view of the payment of the entire loan amount by the petitioners to the bank, in the event of arrest/surrender within a period of four weeks from today in Barahiya P.S.Case No.01/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)