IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44781 of 2009 1. VIKASH KUMAR 2. CHANDAN KUMAR ----------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 4.3.2010 Heard learned counsel for the petitioners, informant and the State. Setting the criminal court on motion may never be appreciated. Allegation is about not making payment of informant’s share on his own account which is to be paid after deducting expenses of both the partners but in any case rejection of anticipatory bail cannot be justified. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on 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, Biharsharif, Nalanda in Rajgir P.S. Case No. 118 of 2009, subject to the condition as laid down under section 438(2) 2 Cr.P.C. However, it is for the Chief Judicial Magistrate, Biharsharif, Nalanda to look into the allegation if that really constitutes any criminal offence at the stage of hearing of the case and charge matter. AI ( Mandhata Singh, J.)