IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3824 of 2010 PRAMOD KUMAR UPADHYAY, son of nanhak Upadhyay, resident of Mohalla – Dasratha, near Devi Mandir, P.S. – Beur, district – Patna, Proprietor of Abha Publication, Dasratha near Devi Mandir, P.S. – Beur, district – Patna. ---------------------- Petitioner. Versus THE STATE OF BIHAR --------- Opposite Parties. ------- 06. 28.06.2010 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State. The petitioner is solitary named accused in connection with Complaint case no. 2445(C ) of 2008 for offenses under sections 406/420/120B of the Indian Penal Code and section 138 of the N.I. Act. Petitioner carries allegation of issuing cheque for Rs. 70,000/- in favour of the complainant towards payment of some alleged dues, but, in want of the amount in his bank account, the cheque was dishonoured and in spite of requests the payment was avoided giving rise to filing of the complaint petition. However, during the course of argument, it is submitted that the petitioner is ready to pay the entire amount of Rs. 70,000/- in court subject to final decision of the case. Considering the facts and circumstances of the case, in the event of his arrest/surrender and deposit of the amount so claimed/offers within four weeks from - 2 - receipt of the copy of this order, petitioner, namely, Pramod Kumar Upadhyay, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2445(C) of 2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend to court at least for two years or till disposal of the case, whichever is earlier, on failure on two consecutive dates, privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)