IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39331 of 2009 RAM EKBAL SINGH Son of Late Uma Pati Singh, Resident of Village-Sakri, Police Station-Kudra, District-Kaimur. Versus STATE OF BIHAR ----------- 2 04-12-2009 Heard learned counsel for the petitioner and the State. The defence in a police case under Section 406 of the Penal Code and 138 of the N.I.Act is of admitted sale on credit when the cheque given in payment subsequently has been dishonoured. The submission is that the giving of the cheque for payment makes Section 406 of the Penal Code inapplicable, and 138 N.I.Act is bailable. In the facts and circumstances of the case,let the petitioner ,named above, surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail bond of Rs.20,000/-( twenty thousand) along with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in - 2 - connection with Complaint Case No.901 of 2008 NKS/- ( Navin Sinha, J)