IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10330 of 2011 MANOJ KUMAR BIHARI Versus THE STATE OF BIHAR ----------- 02. 06.04.2011 Heard learned counsels for the petitioner and the State. This application is for modification of the order dated 13.07.2010 passed in Cr. Misc. No. 21416 of 2010 for a direction to the learned court below to accept the balance amount of Rs. 47,000/- which could be deposited within the stipulated time as directed by this court. The petitioner is initially filed the anticipatory bail application for the offence under Section 138 of the Negotiable Instrument Act and Section 406 of the Indian Penal Code. The accusation was that the petitioner was given friendly loan by the complainant to the tune of Rs. 70,000/- for which the petitioner was issued cheque which got bounced. The petitioner was granted provisional anticipatory bail for seven months on the undertaking to return the loan amount of Rs. 70,000/- in six monthly instilments with a direction to the learned court below to confirm the provisional anticipatory bail on deposit of 2 the aforesaid amount or ultimately on failure of deposit the amount the learned court below was not directed to confirm the bail. It appears from the modification application that in pursuance to the order dated 13.07.2010, two installments of Rs. 11,500/- total amounting to Rs.23,000/- was deposited but the rest four installments were not deposited due to the fact that the petitioner was not able to manage the required amount but Rs. 47,000/- was offered to be deposited on 09.02.2011 which was with delay of fifteen days of stipulated time of six months which was not accepted by the learned court below. This Court is constrained to extend the privilege of anticipatory bail to the petitioner because the order dated 13.07.2010 has taken its effect but the learned court below can pass an appropriate order for regular bail of the petitioner in view of ratio laid down in the case of Bishundeo Sahu Vs. State of Bihar reported in 2011(1) P.L.J.R. page 731 on deposit of the balance amount of Rs. 47,000/- within a period of six weeks of deposit of the aforesaid amount. 3 With this observation, this application is disposed off. Shageer ( Dinesh Kumar Singh, J)