IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19444 of 2009 BHOLA PRASAD GUPTA Versus STATE OF BIHAR ----------- 02/ 18.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 420 & 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner submits that the allegation is that the complainant purchased a house from the petitioner for Rs.1,75,000/-, but subsequently he learnt that there was some loan of the bank on the said house and hence the informant asked the petitioner to refund the amount and in response thereof the petitioner gave a cheque of Rs.1,75,000/- dated 28.1.2009, but the said cheque could not be encashed and hence the instant case has been filed. He further submits that petitioner’s cheque book along with passbook was lost on 11.2.2008 regarding which he had given information to the bank on that date itself and finally on 20.2.2009 the petitioner filed a complaint case against the complainant of the instant case along with the Bank Manager with regard to the cheque produced by the present complainant before the bank. It is also stated that cognizance in the said case has already been taken on 6.4.2009. Learned counsel also submits that the entire prosecution story is false and frivolous and the complainant of the instant case merely wants to - 2 - usurp the money of the petitioner and has unnecessarily harassed him by filing the instant complaint case on 2.3.2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court, petitioner, namely, Bhola Prasad Gupta shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar in connection with Complaint Case No. 543 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. DKS/ (S.N. Hussain, J.)