IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44866 of 2010 1. Naresh Prasad Singh, son of Kamali Singh. 2. Ram Narayan Prasad Singh, son of Kamali Singh. 3. Kamali Singh, son of late Hriday Singh. All are resident of Village Herdayal Nagar Banni, P.S. Maheshkhute, Distt. Khagaria. -------- Petitioners Versus The State of Bihar --------- Opp. Party ----------- 2 26.03.2011 Heard learned counsel for the parties. Considering the nature of allegation, this Court, without making any further comment on its sustainability and maintainability for the present as the dispute is one relating to non-performance of contract on the part of the petitioner for which the complainant had better resorted by filing a money suit as also taking into account that the petitioners had fairly admitted to have executed an agreement for taking the vehicle on hire and had also made payment through several bank transactions, would direct for release of the petitioner, namely, Naresh Prasad Singh, Ram Narayan Prasad Singh and Kamali Singh respectively on bail in the event they would surrender within a period of four weeks from today on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 283C of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioners will remain present in course of trial on each and every day and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioners is allowed. Rsh (Mihir Kumar Jha, J.)