IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17080 of 2009 NEERAJ KUMAR Versus STATE OF BIHAR ----------- 4 7.7.2009 Heard learned counsel for the petitioner and the State. Admitted case of the parties is that rupees two lacs was given to the petitioner, in return post dated cheque was given by him though according to the petitioner as security but while it was presented in the bank, it bounced due to insufficient money. The only submission of learned counsel for the petitioner is that he is a businessman, met an accident, so could not comply the return within the agreed period, though he assured in court also, still he is ready to return the money. He has given interest several times. In my opinion also it is a simple case of section 138 of N.I.Act but the petitioner is apprehending arrest for the offence under section 420 IPC also which should be prevented. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of receipt/production of a copy of this order, the - 2 - above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 843/08, subject to the condition as laid down under section 438(2) Cr.P.C. It will always be kept in mind of the trial court that assurance of the petitioner is there to return the money. (Mandhata Singh,J.) AI