IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22530 of 2009 KAMESHWAR PRASAD Versus STATE OF BIHAR ----------- 02 11.09.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under diverse Sections of the Penal Code as also under Section 138 of the Negotiable Instrument Act. The complainant, who deals in the shoe materials, lodged the case that certain articles used for manufacturing of shoes and connected products were purchased by the petitioner, but the payment thereof, was not made. It is alleged that a cheque was issued for the said amount which was subsequently dishonoured. Learned counsel for the petitioner, referring to different documents, submits that petitioner is not at all dealer of any shoe production or any connected production. On the contrary, he deals in the manufacturing/building of agricultural equipments. He carries the current account against which the said cheque is said to have been issued. It is next contended that the bank refused honouring the said cheque, as the same was held of an account used only for the purpose of business i.e. dealing in the sale and purchase of agricultural equipments. Anexure-5, is a certificate granted by the Manager, Punjab National Bank about the credit-worthiness of the petitioner. In the facts and circumstances of the case, let 2 petitioner, named above, in the event of his arrest or surrender before the court below within a period of 04 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna in connection with complaint case no. 527 ( c)/2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sym/ (Kishore K. Mandal, J.)