IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11979 of 2010 1. Chandan Kumar Sah, son of Sri Shambhu Prasad Sah. 2. Kundan Kumar Sah, son of Sri Shambhu Prasad Sah. Both resident of Village- Durgasthan Colony No.1, P.S. & District- Katihar. ………………….Petitioners. Versus The State of Bihar…………………………Opposite Party. For the petitioners :- Mr. Sharda Nand Mishra, Advocate. Mr. Vivekanand Jha, Advocate. For the State :- Mr. A. M.P. Mehta, A.P.p. ----------- 2. 30. 04. 2010. Heard the parties. In a criminal prosecution for offence under Sections 420, 406 and 120 B of the Indian Penal Code, the petitioners who are retail cloth dealers, are said to have taken certain cloths worth Rs. 22,906/- from the complainant, who is wholesale cloths dealer and despite promise to repay the aforesaid amount within a period of thirty days only Rs. 2400/- was paid to the complainant and Rs. 20,506/- was not paid, and despite admission the petitioners are not prepared to return the said money. Learned counsel for the petitioners submits that apparently there is business relationship between the petitioners and the complainant and allegations are false. However, learned counsel for the petitioners has taken fair stand that without going into the merit of the case, petitioners are prepared to deposit the aforesaid amount of Rs. 20,506/- in the court below within a period of four weeks from today, but that may not be construed as admission of the guilt by the petitioners. Be that as it may, in view of fair stand taken by the 2 learned counsel for the petitioners, in the event of their arrest/surrender in connection with Complaint Case No. C.A.2423/07 within a period of four weeks from today, the petitioners, namely, Chandan Kumar Sah and Kundan Kumar Sah, shall be enlarged 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 the Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. However, before acceptance of bail bonds furnished by the petitioners, learned court below must be satisfied about the deposit of Rs. 20,506/- by the petitioners within a period of four weeks from today, which shall be subject to outcome of the trial of the present case. In case of non deposit of the aforesaid amount within the time frame, it would be construed that the prayer made by the petitioners for anticipatory bail has finally been rejected by this Court and in that case, they would be obliged to surrender in court below and seek regular bail. m.p. ( Birendra Prasad Verma, J.)