IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40094 of 2009 MD.AZAM @ BOBY son of late Md. Asin resident of Mohalla-Purani Karim Ganj, P.S.-Civil line, Distt.-Gaya ----------Petitioner. Versus STATE OF BIHAR . ----------- 4. 26.8.2010 Heard Learned counsel for the petitioner and the State. Accused no.1 was in need of money as his financial status was requiring the same. Loan was advanced by complainant for which a deed was executed on non-judicial stamp of Rs.100/- and petitioner also signed the deed as witness. Whatever may be the position loan was not returned, perhaps due to no improvement of financial position. Petitioner has been alleged that he posed himself as security against the deed. I doubt if any offence against accused no.1 is made out or not but fixing any liability upon petitioner refusal of his anticipatory bail is not justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, 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 the C.J.M., Gaya, in Delha P.S. case no.86 of 2008 ,subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )