IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26851 of 2008 DR.KISHORE HARBADA @ KISHORE HARBADA Versus STATE OF BIHAR THRU. CBI. With Cr. Misc. No.26904 of 2008 KRISHNA PUROHIT Versus STATE OF BIHAR THRU.CBI ----------- 02 07.08.2008 Heard learned counsel for the petitioners and the learned standing counsel appearing on behalf of C.B.I. Cr. Misc. No.26851 of 2008 on behalf of Dr. Kishore Harbada @ Kishore Harbada and Cr. Misc. No. 26904 of 2008 on behalf of Krishna Purohit have been arisen out of one occurrence and, therefore, they are disposed of by this common order. RC No. 9(E)/2006 was registered initially for an offence under sections 420,468,471 and 120B and one under Prevention of Corruption Act. The allegation against these petitioners and one Dr. Mohan Prasad was that they have submitted application by I.D.B.I for financial assistance of Rs. 860 lacs to meet part of the cost of project to be set up to manufacture medical herbals extracts and its derivatives. The matter was scrutinized. It was to be financed and it is alleged that these accused persons in conspiracy with others obtained pecuniary benefit by - 2 - falsifying the documents. Submission is that allegation against these two petitioners and Dr. Mohan Prasad is identical . Dr. Mohan Prasad has been granted anticipatory bail by the Sessions Judge, Patna. After investigation, charges under the Prevention of Corruption Act were found not to be true and only the prosecution is to proceed under section 120B read with sections 420, 471 and 468 of the I.P.C. The prayer for bail has been opposed by the learned standing counsel Considering the facts and circumstances of the case, petitioners, namely, Dr. Kishore Harbada @ Kioshore Harbada and Krishna Purohit are directed to be released on bail on furnishing bail bonds of Rs 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judicial Magistrate (C.B.I.), Patna in connection with Special Case RC No.9E/2006. Shyam (Shyam Kishore Sharma,J.)