IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34143 of 2008 DEEP NARAYAN @ DEEP NARAYAN ALANI Versus STATE OF BIHAR ----------- 2 14.11.2008 Heard learned counsel for the petitioner, Informant and the State. Petitioner is accused in a case registered for the offence under sections 406,420,120B of the Indian Penal Code and 138 of the Negotiable Instruments Act. The allegation in the complaint is that the accused persons requested for financial assistance to the complainant for a sum of Rs 24 lakhs. The complainant arranged the money and paid in different instalments and agreement dated 16.8.2007 to the same was executed through which a sum of Rs 23, 80,000/- is alleged to have been given under the signature of co-accused Kamal Alani. Further allegation is that as per terms of the agreement amount was not repaid and as such a legal notice was sent. It is further alleged that although the cheque issued under the signature of co-accused Kamal Alani but the same was however bounced for want of sufficient fund. It is submitted on behalf of the petitioner that allegation of accepting money from the complainant is not against this petitioner. The agreement which is alleged to have been arrived at between the accused and the complainant also does not bear the signature of this petitioner nor there was any such agreement between the complainant and the petitioner. He further submits that the cheque alleged to have been given has not been issued by this petitioner. - 2 - Learned counsel for the complainant as well as the State opposes the prayer for anticipatory bail and submits that although agreement did not bear the signature of this petitioner and also the cheques in question but the accused persons jointly run the business as such this petitioner was equally liable. It is also not in dispute that up till now, no civil suit has been filed for recovery of the alleged amount. Considering the above facts of the case, let the petitioner Deep Narayan @ Deep Narayan Alani, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/ - ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Tarun Kumar Sinha, Judicial Magistrate, Ist Class, Muzaffarpur in Complaint Case no. C-1200 of 2008 Tr. No. 2422 of 2008 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Shailesh Kumar Sinha, J)