IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13911 of 2009 ***** Himalay Nishad @ Babloo son of late Suresh Sahani R/o Vill. Madhurapur, Police Station Khagaria, District Khagaria. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 21.7.2009. Heard learned counsel for the petitioner, learned counsel for the informant as well as the learned A.P.P. for the State. Petitioner is in custody since November, 2008 in relation to Sakra P.S. Case No.288 of 2008 which was instituted under Sections 420 and 406 of the Indian Penal Code as well as Section 138 of the Negotiable Instruments Act. Initially a complaint case was instituted which was converted into a police case. The allegation is that the petitioner is supposed to have cheated the informant on promise of erecting an Airtel tower on his land and in lieu thereof he has taken payment of Rs.75,000/- and Rs.65,000/-. Subsequently, when nothing came out of it and on pressure being put on him cheques came to be issued in favour of the informant which also bounced, therefore, the complaint in question later on registered as police case. As per the allegation made in the case primarily makes an offence under Section 138 of the N.I.Act though some kind of allurement may have been given and the same is not denied. Looking at the material and the period in custody and the fact that he has to face the trial, let the petitioner, namely, Himalay Nishad @ Babloo, be released on bail on his furnishing bail bond in the sum of Rs.20,000/- with two sureties in the like amount to the satisfaction of - 2 - Chief Judicial Magistrate, Muzaffarpur in connection with Sakra Police Station Case No.288/08. One of the sureties will be executed by a local person on due identification by the trial Court. It is further directed that the petitioner may cooperate in the trial. Pawan/- (Ajay Kumar Tripathi, J.)