IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28182 of 2011 1.Md. Shamshad Alam @ Pappu, Son of Md. Bani Israil. 2.Md. Bani Israil, Son of Md. Muslim. Both are resident of Karikoshi Bandh (Kaliganj), P.S. Manihari, District Katihar. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ---------------- 02/- 15.09.2011 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 420, 406 and 323 of the Indian Penal Code, are named accused in this complaint case arising out of a sale of a particular piece of land which ultimately could not be done causing refund of the part consideration so paid. Submission is that remedy lies else where. Learned counsel for the complainant while objecting the prayer submitted that cheque worth Rs. 5,00,000/- was issued by petitioner no. 1, which was bounced, so he is bound to pay the said amount for which cheque was issued. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Katihar, in connection with Complaint Case No. CA 321 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/ ( Akhilesh Chandra, J.)