IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27495 of 2011 Akash Ashutosh, Son of Shri Ram Chandra Choudhary. Versus The State Of Bihar ----------- 2 17.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence under Sections 406 and 420 of the Indian Penal Code as also under Section 138 of the N.I. Act. Learned counsel for the petitioner submits that even accepting, though not admitted, the allegation made in the complaint to be true no offence under Section 406 or 420 of the Indian Penal Code would be made out as there is no allegation of any inducement or breach of trust. He further submits that the statutory provision for issue notice etc. as prescribed in the Negotiable Instrument Act has not been complied with and therefore, cognizance under Section 138 of the N.I . Act would also be bad. He further submits that as a matter of fact the complainant was an employee of the petitioner and he had misused the signed blank cheque of the petitioner and therefore an instruction was given to the Bank not to make payment with respect to the cheque in question. Without expressing any opinion on the merit of the case, taking into consideration the aforesaid submissions, let the petitioner, namely, Akash Ashutosh in the event of his arrest or 2 surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri Niraj Kumar, Judicial Magistrate, Ist Class, Sitamarhi in connection with Complaint Case No. 1096 of 2010, Trial No. 2287 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Md. Ibrarul ( Ashwani Kumar Singh, J.)