IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37480 of 2009 1. VIJAY GUPTA @ VIJAY KUMAR S/O SRI RAMCHANDRA PRASAD GUPTA R/OVILL SINDURIYA CHOWK, P.S. BARGINIA, WARD NO.- 1, BARIGINIYA NAGAR PANCHAYAT, DISTT- SITAMARHI Versus 1. THE STATE OF BIHAR ----------- 2/ 24/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a complaint case under Sections- 420 of I.P.C. and 138 of N.I. Act. The submission is that the latter offence is bailable. The sale, according to allegations, was on credit. Once the petitioner gave a cheque in payment of the same, Section-420 of I.P.C. has no application in absence of any specific allegations of intention to cheat from the very inception. Considering the submission, for purposes of bail only Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.20,000/- (twenty thousand) along with two sureties of the like amount each to the satisfaction of Sub- divisional Judicial Magistrate, Sitamarhi in connection with Complaint Case No.1062/2008. KC ( Navin Sinha, J.)