IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22452 of 2009 1. RAJESH KUMAR CHAMARIA ALIAS RAJESH CHAMARIA, SON OF SRI KISHAN LAL CHAMARIA 2. KISHAN LAL CHAMARIA @ KISHAN CHAMARIA, SON OF LATE MURLIDHAR CHAMARIA, BOTH RESIDENTS OF BARA BAZAR, KATIHAR. P.S. KATIHAR, DIST.. KATIHAR…………………………………….PETITIONERS Versus 1. STATE OF BIHAR 2. M/S LUMBINI BEVERAGES PVT. LTD. FRENCHISEE OF PEPSI FOOD, THROUGH ITS AUTHORISED AGENT, SRI S.D.CHATTERJEE, S/O LATE R.P. CHATTERJEE, AT INDUSTRIAL AREA, HAZIPUR,P.S. HAZIPUR, DISTRICT- VAISHALI……………………………………….OPP.PARTIES. ----------- FOR THE PETITIONERS :- MR. S.K. DAS, ADVOCATE FOR THE OPP.PARTY,COMPLAINANT : MR. UMESH PRASAD SINGH,SR.ADVOCATE ---------------------- 2 28-4-2010 Heard learned counsel for the petitioners, learned counsel appearing for the complainant, opposite party no.2 as well as learned counsel for the State. Both the petitioners have prayed for anticipatory bail in a complaint case under sections 406 and 420 of the Indian Penal Code. There appears some substance in the submission that parties were having business relationship and the dispute is over alleged dues, which have not been paid by the petitioners, who claim that the matter requires proper accounting. Learned counsel for the complainant has submitted that besides a claim for Rs.2,73000/- the complainant has disclosed in the petition of complaint that ten cases of glass bottles of soft drinks being 2 manufactured by the complainant which represents M/s Pepsi Food, are also lying over the accused persons and non-return of those glasses creates greater difficulty for the complainant because of the likelihood of those bottles being used for spurious cold drink which may tarnish the name of the complainant and exposed it to unwarranted prosecution. Considering all the facts and circumstances the prayer for anticipatory bail is allowed. on the condition that they shall hand over the glass bottles with them to the complainant within a period of six weeks from today. Learned counsel for the complainant has assured that the complainant or his agent shall grant receipt for those glass bottles after return of the same. The petitioners should surrender within a further period of two weeks and in that event they shall be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist. Class, Vaishali at Hazipur in connection with Complaint Case No. 1501 of 2003. It is expected that petitioners shall fully cooperate with the court below so that complaint case is not delayed un- necessarily. Naresh ( Shiva Kirti Singh, J.)