IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26758 of 2009 1. NEERAJ KUMAR SINHA, Son of Sri N.P. Singh, Near NAZ Cinema Hall, Biharsharif, P.S. Biharsharif in the district of Nalanda. 2. Rakesh Kumar, Son of Banarshi Singh, resident of village – Ranabigha (Near Super Grid), P.S. Deep Nagar in the district of Nalanda. …….... Petitioners. Versus THE STATE OF BIHAR ……. Opp. Party. With Cr.Misc. No.27916 of 2009 SUNIL KUMAR CHOUDHARY, Son of Late Bashisth Narayan Choudhary, Manager Sunit Sales Corporation, resident of Chandmari Ram Tola Niwas, Chandmari, Road No. 1, P.S. Kankarbagh, District – Patna. ……. Petitioner. Versus THE STATE OF BIHAR …… Opp. Party. ----------- 03/ 20.11.2009 Heard counsel for the petitioners and counsel appearing for the State. Petitioners are apprehending arrest in connection with Nawada P.S. Case No. 228 of 2008 instituted on the basis of complaint case bearing no. 557 of 2007 for the offence under Sections 406 & 420 of the Indian Penal Code. Petitioners Neeraj Kumar Sinha and Rakesh Kumar (Cr. Misc. No. 26758 of 2009) entered into an agreement with M/s. Sunit Sales Corporation, for finding out and to procure the customers interested in offering their lands on monthly rent for installation of mobile towers. Petitioner Sunil Kumar Choudhary (Cr. Misc. No. 27916 of 2009) was authorized franchise of M/s. Optima Webtek Pvt. Ltd., who - 2 - used to engage persons like other two petitioners, on behalf of the company to procure the customers. Allegation against the petitioners is that they accepted Rs.1000/- through bank draft and Rs.10,000/- in cash giving assurance that the land of the informant/complainant will be engaged for installation of tower on payment of Rs.8000/- per month. The money so taken by the persons misappropriated and the tower was also not installed. Counsel for the petitioners submits that Rs.1000/- was accepted through draft as a security money, which was, later on, refunded to the land holders. No money was received by them in cash. It is also stated that it was not guaranteed to any one that their lands will be taken on rent as it was depended on the convenience of the company for installation of tower. Considering these facts, the prayer for grant of anticipatory bail on behalf of petitioners Neeraj Kumar Sinha and Rakesh Kumar (Cr. Misc. No. 26758 of 2009) as well as petitioner Sunil Kumar Choudhary (Cr. Misc. No. 27916 of 2009) is allowed. They are directed to be released - 3 - on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each in connection with Nawada P.S. Case No. 228 of 2008 to the satisfaction of Chief Judicial Magistrate, Nawada. DKS/ (Mridula Mishra, J,)