IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13271 of 2009 1. BINDESHWARI YADAV @ BINDESHWARI @ BINOD YADAV 2. SHALIGRAM MANDAL @ SHALO MANDAL ….. PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 31.08.2009 Heard both sides. Petitioners seek bail in a case instituted under Sections 406, 420 and 504 of the Indian Penal Code. It is contended that during the pendency of this proceeding petitioner no.2 Shaligram Mandal @ Shalo Mandal has been arrested and as such the application has become infructous so far as petitioner no.2 is concerned. Allegation as per F.I.R. is that petitioners deposited certain amount in the ‘Cheat Fund’ being operated by co-accused Bouki Mandal. When demand was made, the same was not returned. Petitioners served Bouki Mandal as an agent of the collected amount. The amount involved is Rs. 36,000/. By filing supplementary affidavit learned counsel brought on record different orders granting anticipatory/ regular bail. It is contended that in similar matter the petitioner has been granted anticipatory bail. 2 Mr. Aggrawal submits that, petitioner if directed may deposit some amount, subject to the final decision of the case. In the facts and circumstances of the case, the above named petitioners are directed to be released on anticipatory bail, in the event of arrest or surrender in the court below within three weeks from the date of receipt of a copy of this order on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Naugachia in connection with Gopalpur (Rangra) P.S. Case No. 176 of 2008 subject to condition that petitioners will deposit a sum of Rs. 4,000/- (four thousand) in the Civil Court itself and produce receipt thereof along with the bail bonds, under Sections 438 (2) of the Cr.P.C. P.K. (K.K. Mandal, J.)