IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45402 of 2007 RAJESH UPADHYAY Versus THE STATE OF BIHAR ----------- 6 31.7.2008. Offence alleged is under Sections 323, 420 of the Indian Penal Code and 138 of Negotiable Instruments Act. As per the allegation two cheques of Rs.30,000/- each issued and drawn against I.C.I.C.I.Bank, Varanasi were dishonored on account of insufficiency of fund. Petitioner’s case is that he never issued any cheque of the concerned bank as he is not holding any account in I.C.I.C.I. Bank. Considering the aforesaid fact prayer for grant of anticipatory bail on behalf of petitioner namely Rajesh Upadhyay is allowed. He is directed to surrender before the Judicial Magistrate, 1st Class, Bhabhua within four weeks from today and on his so surrendering he shall be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate,1st Class, Bhabhua in connection with Complaint case no.1362 of 2004 subject to the condition as laid down under Section 438(2) Cr.P.C. and also subject to the condition that he will deposit the 50% cheque amount i.e. Rs.30,000/- in the court of judicial Magistrate with respect to which the cheque was issued. The rest amount will be deposited after disposal of the criminal case. This deposit will also be subject to the decision in the criminal case. Sss/- (Mridula Mishra, J)