IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43241 of 2010 KAMAL KANT KUMAR, SON OF SRI UMA SHANKAR PRASAD, RESIDENT OF VILLAGE BARGI BIGHA, P.S. KARAIPERSURAI, DISTRICT NALANDA ---PETITIONER Versus THE STATE OF BIHAR-----------------------------------------------------OPP. PARTY ----------- 2. 26.3.2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. The petitioner prays for anticipatory bail in a case registered under Sections 420, 406, 467, 468, 471, 472, 120B/34 of the Indian Penal Code and Section 138 of Negotiable Instrument Act. The allegation in the complaint is that the petitioner and other accused persons had taken an amount of Rs.4 lacs from the complainant on the pretext of giving Government job but could only hand over to him a fake appointment letter. On the complainant seeking refund of the money a cheque of Rs.4 lacs was issued to him but the said cheque also bounced. Learned counsel for the petitioner submits that the entire story is false and fabricated as the complaint itself has been filed on 12.1.2009 beyond the period of 30 days after the return of legal notice on 30.11.2008 and thus no case under Section 138 of Negotiable Instrument Act can be proceeded with. It is 2 further submitted that the cheque was alleged to have been issued on 22.7.2008, whereas on 29.4.2008 itself the petitioner having lost his cheque book had lodged a Sanaha with Fatwah Police Station bearing S.D.E.No. 1011 dated 29.4.2008 and thus there was no occasion for the petitioner to have issued any cheque from his cheque book. It is also submitted by learned counsel that another accused persons, who is father-in-law of the petitioner, has been granted anticipatory bail by this Court by order dated 24.11.2010 in Cr.Misc.No. 38465 of 2010. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Kamal Kant Kumar, in the event of his arrest/surrender within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 101C/2008, subject to the other conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta,J.) Spal/