IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8828 of 2008 MAHESH THAKUR Versus STATE OF BIHAR ----------- 2. 13.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks anticipatory bail in a case under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. The allegation in the complaint petition is that the petitioner who is a registered contractor of the Electricity Department had been given an amount of Rs. 1 lakh by the complainant on the assurance of the petitioner that the same would be returned but on several requests, he only got a cheque of Rs. 10,000/- and the said cheque has also bounced due to insufficiency of fund in the account. Learned counsel for the petitioner submits that there is absolutely no material on the record to show that any loan was given by the complainant. Learned counsel, however, submits that he is prepared to deposit the amount of Rs. 10,000/- under the cheque in the Court below without prejudice to his defence in the trial. In view of the aforesaid facts and circumstances and the submission made by learned counsel for the petitioner, it is directed that the petitioner Mahesh Thakur, in the event of his arrest/surrender in the Court below within six weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two - 2 - sureties of the like amount each in connection with Complaint Case No. 431/07, Trial No. 2265/2007 to the satisfaction of Sri A. K. Pandey, Judicial Magistrate Ist Class Vaishali at Hajipur. It is made clear that the order regarding grant of anticipatory bail to the petitioner is subject to the condition that before he is so released he must deposit in the Court below an amount of Rs. 10,000/- without prejudice to his defence during the trial. The complainant shall be at liberty to withdraw the said amount after executing necessary indemnity bond in the Court below. P. Kumar (Ramesh Kumar Datta, J.)