IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7966 of 2009 1. ANJU SINGH, wife of Rajiv Singh 2. Rajiv Singh, son of Dr. Sureshwar Prasad Singh, resident of Hela Bazar, Konhara Ghat Road, P.S.Hazipur Nagar, Distt.-Vaishali------ ----------------------------------------------------------------Petitioners. Versus 1. STATE OF BIHAR 2. Manish Kumar Mishra, son of Chandra Kishore Mishra, resident of Hela Bazar, P.S. Hazipur, District-Vaishali----------Opp. Parties. ----------- 2. 8.4.2009 Heard learned counsel for the petitioners and the State. A cheque is bounced allegedly issued by the petitioners though that is denied by them but the main question to be considered is that the amount was paid by the complainant for admission of his Bhagna clearly applying the illegal means. Equal liability lies upon the petitioners as well as the complainant. Once it is assumed or established that the amount was meant for illegal act and for the same cheque was issued, no liability even under section 138 of the N.I. Act is made out then what about under section 420 of the Indian Penal Code. Finding equal liability upon the complainant, I am not of the view that petitioners be left to be arrested in the case. Accordingly, in the event of arrest or surrender within one month from today in Complaint Case no.2580 of 2008, Tr. No.600 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hazipur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )