IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35063 of 2009 1. Shyam Prasad Gupta, son of Ram Dayal Sah. 2. Ram Dayal Sah, son of Late Tehar Sah. Both resident of Village- Gangsara, P.S. Sarairanjan, District-Samastipur ……………………….Petitioners. Versus The State of Bihar ……………………..Opposite Party. ----------- 7. 01. 04. 2010. In compliance of order dated 30. 03. 2010, a supplementary affidavit has been filed on behalf of the petitioners today in Court annexing copy of compromise filed by the parties in the court below. Let it kept on record. Heard Mr. Sujit Kumar Singh, learned counsel for the petitioners and Mr. Bijay Bhushan Prasad, learned counsel for the complainant as also Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with C.R. No. 1514 of 2008, T.R. No. 2788 of 2008, pending in the court of Shri R. S. Shukla, Judicial Magistrate, Ist Class, Samastipur, in which cognizance has been taken under Sections 406, 420, 409 and 509/34 of the Indian Penal Code. According to the prosecution case petitioners had received Rs. 35,000/- for the purpose of supply of sand and cement, but they did not supply the same and as such complaint petition was filed. Learned counsel for the petitioner, though, has denied the prosecution allegation against the petitioners, but states that on 2 intervention of common well wishers the matter has been compromised between the parties outside the court. The petitioners have already deposited Rs. 35,000/- with interest in the Account of the School in question. Learned counsel for the complainant has admitted the factum of compromise between the parties. In the aforesaid background, the petitioners, namely, Shyam Prasad Gupta and Ram Dayal Sah, in the event of their arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri R. S. Shukla, Judicial Magistrate, Ist Class, Samastipur, in connection with C.R. Case No. 1514 of 2008, T.R. No. 2788 of 2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)