IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31021 of 2009 1. SHAILESH KUMAR SINHA 2. RAKESH KUMAR SINHA @ TUNNA SINHA @ TUNN SINHA 3. RAJU KUMAR SINHA @ RAJESH KUMAR SINHA. Versus STATE OF BIHAR ----------- 2 10.09.2009 Heard both sides. Three petitioners, who are brothers, have approached this court seeking regular bail in a case instituted under diverse Sections of the Penal Code as also under Sections 406 and 420 of the Penal Code. Allegation as per F.I.R. is that on the inducement of getting a Government job, the accused persons obtained a sum of Rs. 106,000/- (one lacs and six thousand) through five different cheques issued in their names. It is the prosecution case that neither the amount was refunded nor the job was afforded as promised. Learned counsel for the petitioners takes stand before this court that he shall replenish the loss sustained by the informant in instalment(s) subject to the right/claim/defence which may be available to the petitioners. He submits that payment shall be made without prejudice to any of his right/ claim. It is submitted that by way of first instalment a sum of Rs. 50,000/- (fifty thousand) shall be paid to the informant by way of cheque. Let petitioners pay a sum of Rs. 50,000/- (fifty 2 thousand) to the informant either by cash or by account paying cheque and furnish the details whereof to the court below. In the event petitioner satisfies the court below about payment of the Ist instalment of Rs. 50,000/- within 03 weeks from today, the court below shall release the petitioner 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 the CJM Bettiah West Champaran in connection with Nautan ( Jagdishpur) P.S. Case no. 329 of 2008,subject to the condition that one of the bailors should be the own/close family member of the petitioners. It is made clear that how the remaining amount shall be paid to the informant shall be determined by the learned trial court upon hearing both sides. Sym/ (Kishore K. Mandal, J.)