IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6344 of 2010 GIRISH KUMAR, Son of Sahdeo Mahto Versus THE STATE OF BIHAR with Cr. Misc. No.5379 of 2010 SAMBHU PRASAD SAHA, Son of Late Ganesh Prasad Saha Versus THE STATE OF BIHAR ----------- 2/ 09.04.2010 Since both applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 408 and 420 of the Indian Penal Code. Petitioners Girish Kumar was the Junior Engineer and Shambhu Prasad Saha was the Assistant Engineer. Learned counsel submits that the advance was given to one Bishundeo Yadav @ Bisundeo Prasad Yadav for executing the project. Learned counsel further submits that in fact the aforesaid work is in mid way and Bishundeo Yadav @ Bisundeo Prasad Yadav was asked to refund the amount. Learned counsel further submit that Bishundeo Yadav was allowed anticipatory bail by order dated 15.10.2008 in Cr. Misc. No. 29981 of 2008. In the circumstances, in the event of arrest or surrender within six weeks from today before the court below in connection with Sangrampur (Tetia Bammar) P.S. case no. 46 of 2008, above named petitioners shall be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount - 2 - each to the satisfaction of Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)