IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37380 of 2008 1.Bijay Kumar 2. Rupesh Kumar @ Rupesh Kumar 3. Anil Kumar Manjhi @ Anil Kumar;Petitioners Versus State of Biahr; Opposite Party. ----------- 2 30.9.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under Section 384 and other Sections of the Indian Penal Code. It is submitted that the petitioner no.1, namely, Bijay Kumar has been arrested and as such this application has become infructuous in respect of this petitioner. This application is dismissed as having become infrctuous in respect of petitioner no.1, Bijay Kumar. So far the case of petitioner nos.2 and 3 is concerned, it is submitted that the entire case is false and baseless. The informant is in a habit of taking loan from different persons and on demand of return he used to file criminal case against them. Actually the informant had taken Rs.30, 000/- as loan from petitioner no.1and when he demanded the money this false case has been filed. It is further submitted that the Fardbeyan itself would go to show that the entire story is absurd and unbelievable. Annexure-2 has been filed in order to show that the informant has taken money from different persons including these petitioners. Having regard to the facts and circumstances of the case, in case of arrest or surrender within four weeks of receipt of this order, - 2 - the petitioner Nos.2 and 3 named above shall be released 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 Chief Judicial Magistrate,Banka in Banka P.S.Case No.82/2008 subject to conditions as laid down under Section 438(2) Cr.P.C. B.Jha (Ghanshyam Prasad)