IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40013 of 2008 ---- 1. Birendra Tiwary @ Mallu Tiwari son of Late Ram Pravesh Tiwary 2. Gaya Sah son of Ramjug Sah Both resident of village- Saura, P.S. Baghaila, District- Rohtas. 3. Krishna Bihari Pandey son of Sri Triveni Pandey, resident of village- Bhaluahi, P.S.- Baghaila, District- Rohtas. …. Petitioners. Versus The State of Bihar. …. Opposite Party. ----------- 2 29.09.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under sections 419, 420, 467, 468, 471 of the Indian Penal Code. The allegation against the petitioners is that a loan was sanctioned in favour of the informant under Kishan Credit Card for a sum of Rs. 45,000/-, however the same was not disbursed. It is submitted on behalf of the petitioners that on perusal of the letter written by the informant as contained in Annexure-3 followed by the deposits made by him of the loan amount it would appear that the allegation are absolutely incorrect. As a matter of fact the informant lodged the above case under wrong impression that the government has waived the loan of the aforesaid - 2 - category, but still the Branch manager is demanding for return of the money, and therefore, the informant thought that the money was not disbursed to him. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Birendra Tiwary @ Mallu Tiwari, Gaya Sah & Krishna Bihari Pandey 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 the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Baghaila P.S.Case No. 18 of 2008 subject to the conditions as laid down under section subject to the condition as laid down under section 438 (2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)