IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21289 of 2010 RAJEEV KUMAR KANOJIA son of late Jagdish Kanojia Versus STATE OF BIHAR ----------- 2/ 25.06.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 406, 420 of the Indian Penal Code and section 138 of the Negotiable Instrument Act. A joint prayer has been made on behalf of the parties that they are ready to compromise the matter if the petitioner returns a sum of rupees eighty thousand to the complainant. For this reason, let the petitioner, above named, be released on provisional bail for a period of three months on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Complaint case no. 496 © of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner,(ii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. - 2 - During the period of three months i.e. period of provisional bail, the petitioner will return the sum of rupees eighty thousand to the complainant and file a certificate in the court below in this regard. On filing of such certificate, provisional bail of the petitioner will be confirmed by the court below. It has been undertaken by the informant that as soon as the money is returned to him, he will file a petition in the court below preferably within two weeks thereafter stating that he wishes to withdraw the complaint petition. JA/- (Anjana Prakash, J.)