IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11245 of 2010 2 29.4.2010 1. Nalin Kumar 2. Nitish Kumar, both sons of Anil Kumar @ Ramadhar Singh 3. Anil Kumar @ Ramadhar Singh, son of Madan Mohan Sharma All of village Rajapur, PS Bodh Gaya, District Gaya at present village Palya, PS Makhdumpur, District Jehanabad ........ Petitioners VERSUS The State of Bihar ........ Opp. Party --------- Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have prayed for anticipatory bail in a case under Section 420 of the IPC and Section 138 of the N.I. Act. Considering the submission that for breach of agreement the remedy of the complainant is to file a civil suit, the prayer for anticipatory bail of petitioners no.1, Nalin Kumar and petitioner no.2, Nitish Kumar is allowed. In the event of arrest or surrender within six weeks, they shall be enlarged on bail on furnishing bail bond of Rs.10000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Gaya in connection with complaint case no.477/2009, 2 subject to conditions under Section 438(2) Cr.P.C. So far as petitioner no.3, Anil Kumar @ Ramadhar Singh, is concerned, as per allegations he had issued a cheque for Rs.six lakh to repay the money to the complainant but that cheque bounced and could not be encashed. In that view of the matter, prayer of petitioner no.3 is rejected. This order shall not prejudice his case if he surrenders and seeks regular bail. (Shiva Kirti Singh,J.) sk