IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12685 of 2009 BIJAY MUKHERJEE SON OF LATE PANCHANAN MUKHERJEE, RESIDENT OF BIRPUR, WARD NO.-5, P.S. BIRPUR, DISTRICT- SUPAUL................................................................PETITIONER Versus 1. STATE OF BIHAR 2 SANTOSH KUMAR SON OF LATE BIRENDRA NARAYAN SINGH, VILLAGE-BASANTPUR,P.S,BIRPUR, DISTRICT- SUDPAUL....................................................... OPPOSITE PARTIES. ----------- 3 10-2-2010 Heard learned counsel for the petitioner , learned counsel for the State and learned counsel appearing for the informant. It has been submitted on behalf of the petitioner that after he found that the informant of this case had not completed the work as required by the agreement, he ordered for stopping payment of cheque already issued and also filed a complaint case vide annexure-2 and thereafter the present case was lodged with the police on the basis of stoppage of payment for the cheque issued by the petitioner. It has further been submitted that after investigating the case the higher police official has come to a conclusion in his supervision report, contained in annexure-3 that the dispute is purely civil in nature and the payment of the cheque was stopped not because there was lack of money in the account but for other reasons which is civil in nature. - 2 - In the facts and circumstances of the case the prayer for anticipatory bail is allowed. In the event of arrest or surrender within four weeks, petitioner Bijay Mukherjee shall be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M. Birpur at Supaul in connection with Birpur P.S.Case No. 182 of 2008, G.R.No. 550 of 2008, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. ( Shiva Kirti Singh,J) Naresh