IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21344 of 2010 RAJEEV KUMAR KANOJIA S/O LATE JAGDISH KANOJIA Versus STATE OF BIHAR ----------- 2. 29.6.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 324,307/34 of the Indian Penal Code, Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Both the parties have appeared before this Court and submit that the grievances of the complainant would be satisfied, if the petitioner undertakes to return Rs. 80,000/- received by him from the complainant and pursuant thereof the complainant undertakes to withdraw the present prosecution case. In view of such let the petitioner be released on provisional bail for a period of 3 months on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial 2 Magistrate, Buxar, in connection with Complaint Case No. 420(C)/09, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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, (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. In the period of provisional bail, the petitioner shall deposit a demand draft in favour of the complainant to the tune of Rs. 80,000/- which 3 will be permitted to be withdrawn by the complainant. As and when the demand draft is deposited, the provisional bail granted to the petitioner shall be confirmed by the court below. The complainant undertakes to file an application before the court concerned stating therein that he wishes to withdraw complaint petition within two weeks of his receipt of the demand draft. Fahad. ( Anjana Prakash, J.)