IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33958 of 2010 1. Abnesh Kumar, S/o Naresh Prasad 2. Awdhesh Kumar, S/o Ram saran Prasad, R/o Village Masharh, P.S. Ghoshi, District Jahanabad at present Supra Distributors, Juvli Market, Pulpar, P.S. Bihar Sharif, Nalanda………………………………Petitioners Versus The State Of Bihar…………………..Opposite Party ----------- 4 22.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. It appears that direct allegation of cheating is on petitioner no.2. Earlier this Court had allowed time to the learned counsel for the petitioners to seek instructions from the petitioners. On instruction, he submits that petitioner no.2 is not ready to refund the amount of the informant. Since direct allegation is against petitioner no.2, Awdhesh Kumar, his application for anticipatory bail is rejected. So far as petitioner no.1 Abnesh Kumar is concerned, admittedly the allegation against him is only of being a witness to the deal between informant and petitioner no.2. 2 In the circumstances, petitioner no.1, Abnesh Kumar, is directed to surrender before the court of the Chief Judicial Magistrate, Nalanda at Bihar Sharif within four weeks from today and upon his so surrendering, the court below shall allow him bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction in connection with Bihar P.S. Case No. 89 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. BT (J. N. Singh, J.)