IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 34300 of 2009 1 Sanjay Kumar Sinha, son of late Bibhuti Prasad 2 Abhishek Kumar, son of Sanjay Kumar Sinha, residents of Mohalla – Rahul Nagar, P S – Brahampura, District – Muzaffarpur -Petitioners Versus The State of Bihar -Opposite Party ----------- 2 16.09.2009 The 2 petitioners alongwith one Animesh Kumar had filed an anticipatory bail application anticipating arrest in Mithanpura Polcie Station Case No 237 of 2008 registered under Sections 420, 468, 469/120B of Indian Penal Code. That application being Cr Misc No 24026 of 2009 was withdrawn on 07.08.2009 without being heard as would be apparent from the said order. Subsequently, the said case was brought under the heading To Be Mentioned pointing out to the Court that in fact petitioners wanted withdrawal of the application in relation to Animesh Kumar who had been arrested but by mistake, it was mentioned in respect of all the petitioners. This Court, by order dated 09.09.2009, refused to recall the order passed earlier and granted liberty to the petitioner to file fresh application. This order was passed in Cr Misc No 33218 of 2008 on 09.09.2009. It is, under those circumstances, the present application has been filed by Sanjay Kumar Sinha and his son Abhishek Kumar. In the first information report, it is alleged that informant, who has a saree shop, had sold sarees worth Rs 85,000/- to the petitioners on petitioners’ promising to pay after marriage in their family. Petitioners are alleged to have issued a cheque but then lodged a 2 Sanha with the Police Station that the cheque had been misplaced, thus, denied payment to the informant. As apparent from the order of the learned Sessions Judge as also from Annexure-5, the matter has been compromised as between the parties. In that view of the matter, if the petitioners abovenamed surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Mithanpura Police Station Case No 237 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)