ORDER
M.L. Visa, J.
1. Heard the learned counsel for the petitioners, opposite party No. 2 and learned APR
2. In a case under Sections 406 and 420 of the Indian Penal Code learned counsel for the petitioners submits that the petitioners are ready to make payment of Rs. 81,72,000/- in OTS Scheme but they are not in a position to pay this amount in one lumpsum and can pay it in quarterly instalments, and the first instalment will be of Rs. 5/- lacs and thereafter every quarterly instalment will be of Rs. 10/-lacs and within a period of two years from the date of the payment of 1st Instalment petitioner will clear the entire aforesaid amount by increasing some last instalments or last instalment. It is further submitted that for payment of 1st instalment three months time be granted.
3. Learned counsel for the informant accepts the aforesaid proposal but submits that time for payment of 1st instalment till 15th October, 2005 may be granted. This proposal is accepted by the learned counsel for the petitioner.
4. In the facts and circumstances of the case, it is hereby ordered that if the petitioners deposit a sum of Rs. 5/- lacs by 15.10.2005 by Demand Draft or cash with Bihar State Credit and Investment Corporation Ltd., they, 1. Manohar Prasad 2. Mukesh Kumar and 3. Rajesh Kumar, in the event of arrest/surrender within four weeks from today before the Court below shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of arresting/Chief Judicial Magistrate, Khagaria, in Khagaria Mufassil P.S. Case No. 539/04 subject to the condition laid down under Section 438(2), Cr PC.
5. After release of the petitioners they shall deposit the balance amount in quarterly instalments each instalment being of Rs. 10/- lacs or more as desired by the petitioners and the entire sum of Rs. 81,72,000/- will be deposited by 14.10.2007. The second instalment will be deposited in three months from the date of deposit of first instalment and in this way subsequent instalments will be paid. It is made clear that in default of payment of any instalment the bail to the petitioners will result in automatic cancellation and benefits under OTS Scheme shall stand forfeild.