IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21663 of 2011 1. M. K. Srivastava @ Mritunjay Kumar Srivastava S/o Arun Srivastava, C/o Shri Sagar Matha Distributor Pvt. Ltd. 302, N.P. Centre, New Dak Bunglow Road, P.S.- Kotwali, District-Patna. 2. Prakash Mani Gaurav, S/o Shri Paras Nath Sahay, C/o Shri Sagar Matha Distributor Pvt. Ltd. 302, N.P. Centre, New Dak Bunglow Road, P.S.-Kotwali, District- Patna. .......Petitioners Versus The State Of Bihar ........Opposite Party ----------- 02 08.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. Apprehending their arrest in connection with Kotwali P.S. Case No. 277 of 2011 registered for the offence under sections 420 and 406 of the Indian Penal Code, the petitioners have prayed for grant of bail. Learned counsel for the petitioner submits that from the perusal of the F.I.R. itself, it would transpire that the case appears essentially to be of a civil nature. He further submits that ingredients of offence under sections 406 and 420, he is completely missing in this case. He further submits that at best it would be a case of breach of agreement for which the aggrieved party may seek proper remedy in accordance with law. Without expressing any opinion on the merit of the case for the purposes of bail, I am convinced that petitioners deserve to be enlarged on bail. Taking into consideration the facts and submissions made on behalf of the parties, let the petitioners, namely M.K. Srivastava @ Mritunjay Kumar Srivastava and Prakash Mani Gaurav, in the event of their arrest or surrender before the court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 277 of 2011. Safik ( Ashwani Kumar Singh, J.)