IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27976 of 2011 1. Sarwar Khan son of Officer Khan & 2. Md. Officer Khan @ Md. Afsar Khan son of Late Md. Habib Khan Versus The State Of Bihar ----------- 2/ 14.09.2011 Heard learned counsel for the petitioners, complainant and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 420, 406/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are ready to refund rupees sixty one thousand which had been paid by the complainant in the account of the petitioner no.2 without prejudice to their case, if they are granted bail anticipatory bail for a period of six months. In view of such, in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Tr. No.3401 of 2011 arising out of Complaint Case No.1334 of 2010, they shall be released on provisional anticipatory bail for a period of six months on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the satisfaction of Sri Bipin Kumar, Judicial Magistrate, 1st class, Gopalganj, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the 2 bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. During the period of six months, the petitioners shall refund the amount of rupees sixty one thousand to the complainant in equal and easy instalments. If and when the petitioner files a certificate of having refunded the aforesaid amount to the satisfaction of the court below, it shall confirm the provisional bail of the petitioners. The petitioners are also directed to return the passport of the complainant, if it is still lying in their custody. JA/- (Anjana Prakash,J.)