IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14989 of 2010 GOPAL KUMAR TULSYAN, son of late Shankar Lal Tulsyan, resident of Bishwanathganj, P.O. P.S. – Town & District – Khagaria. ------------------ Petitioner. Versus THE STATE OF BIHAR ----------- Opposite Party. ------- For the petitioner : Mr. S.D. Sanjay, Adv. For the State : Mr. K.S.P. Singh, APP. ******** 02. 17.05.2010 Heard learned counsel for the petitioner and State. Petitioner is named accused in this case instituted on the basis of complaint filed by complainant informant carries allegation that he is taking undue advantage of the missing cheque of the complainant realized sum of Rs. 2 lakhs from the bank. Though, the bank account was closed at the application of complainant informant after loss of cheque books, wherein two of the cheques were signed by him. There is another case instituted at the instance of petitioner bearing Khagaria P.S. Case No. 138 of 2008, based on complaint petition filed by the petitioner stating that in lieu of some business dues the post dated cheque was issued in favour of the petitioner who initially at the request of the complainant tendered for encashment. On his submission cheque was though encashed in spite of closing of the account of the informant. Immediately, the bank authorities realized error, requested the petitioner in writing to return the amount so transferred in his account, request was complied with. Considering the facts and circumstances of the case, - 2 - let the petitioner namely, Gopal Kumar Tulsyan, in the event of his arrest/surrender before the court below within three weeks from today is directed to be released on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 122/2008. subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Rajeev/ (Akhilesh Chandra, J.)