IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29810 of 2011 1. Gauri Shankar Prasad Gupta @ Gauri Shankar Gupta S/O Sri Banarasi Prasad, Proprietor of Jai Mata Di Galla Bhandar R/V Sindicate Machhli Fatak Arrah, P.S. Arrah Town, Distt. Bhojpur. Versus 1. The State of Bihar ----------------- 03. 17.10.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 420 of the Indian Penal Code and Section 138 NI Act. It has been submitted that the petitioner is ready to repay Rs. 80,000/- to the complainant if easy instalments are fixed. In view of such, let the petitioner, above named be released on provisional bail for a period of four months on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri Chhedi Ram, Judicial Magistrate, 1st Class, Buxar (or its successor) in connection with Complaint Case No. 229(C) of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 2 the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the period of Provisional Bail the petitioner shall refund the money to the complainant and file a certificate in the Court below. Once the certificate is filed in the Court below before the expiry of four months the petitioner’s provisional bail shall be confirmed on conditions as aforesaid. Vikash/- (Anjana Prakash, J.)