IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28249 of 2008 RAJ KUMAR CHOUDHARY & ANR Versus STATE OF BIHAR ----------- 2. 25.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Complaint Case No.331 of 2007 for the alleged offences registered under section 420 of the Indian Penal Code. The petitioners are the Distributor and Agent of Mahindra & Mahindra Tractors. The allegation is that these petitioners handed over an old tractor to the complainant and as such after some time it became non-workable and thereby they have cheated the complainant. The learned counsel for the petitioners submits that on perusal of the statement of the complainant on her solemn affirmation, it would appear that the complainant herself has clearly stated that she received the new vehicle. However, the complaint has been filed for ulterior purpose as the complainant had taken a loan and not in a mood to repay the same. 2 The learned APP on perusal of the statement of the complainant on solemn affirmation is not in a position to refute the submissions, as noticed above, Considering the above, it is directed that both the petitioner, namely, Raj Kumar Choudhary and Ashok Choudary @ Ashok Kumar Choudhary, in the event of their arrest or surrender in connection with Complaint Case No.331 of 2007, within a period of four weeks from today, be enlarged 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 Sub-Divisional Judicial Magistrate, Purnia, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)