IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22856 of 2009 1. SATRUGHAN SINGH 2. RUDAL SINGH Both are sons of Shila Singh, resident of village-Phuhan, P.S.-Barahara, District-Bhojpur. ……Petitioners Versus The State Of Bihar …..Opposite Party ----------- 02. 04.09.2009 Learned counsel for the petitioners does not press application on behalf of petitioner No. 1 who has since been arrested. So far as petitioner No. 2 is concerned, he apprehends arrest in Barahara P.S. Case No. 44 of 2009 registered under Sections 406, 379 and 34 of the Indian Penal Code. It is alleged that when one Narad Singh a boy was counting money of the sale proceeds of potatoes near the house of Kameshwar Sah, these petitioners came and said that they would help to count the money of the sale proceeds. They managed to take the money and ran away. In the First Information Report itself, it is stated that the reason for this is continuing dispute between Narad Singh and petitioner Rudal Singh. Learned counsel for the petitioners submits firstly that both Sections 406 and 379 I.P.C. can not apply together. Subsequently it is submitted that if as admitted in the F.I.R. there were disputes between Narad Singh and petitioner Rudal Singh then where was the 2 occasion of Narad Singh interesting the job of counting cash to the petitioner. It is submitted that this is the false allegation being levelled because of village politics and rivalry between the parties. Be that as it may, let the petitioner namely Rudal Singh, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Barahara P.S. Case No. 44 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)