IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9043 of 2009 PRATAP NARAYAN MISHRA, son of Late Vishnu Dutt Mishra, resident of Mohalla- Dakshin Darwaja, P.S.- Civil Lines, District- Gaya. ----- Petitioner Versus STATE OF BIHAR ----- Opposite Party ----------- 2 24.4.2009 Heard learned counsel for the petitioner, counsel for the informant and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Sections 420, 406 and 323 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. It is alleged that on the basis of the agreement on a non-judicial stamp, the petitioner has taken Rs. 10 lakhs from the informant. In the said agreement it has been mentioned that if the amount will not be paid then the informant would be the “Malik” of the entire shopping complex. Learned counsel for the petitioner submits that the case under Section 420 of the Indian Penal Code is made out and as far as Section 138 of the Negotiable Instrument Act is concerned, the petitioner is already in custody since 11.1.2009. 2 Considering the aforesaid facts, petitioner Pratap Narayan Mishra is directed to be released on bail in connection with Civil Lines P.S. Case No. 149 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya. Sanjay (Sheema Ali Khan, J.)