IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3534 of 2009 ARUNABH MITRA S/OLATE HARI SADHAN MITRA, RESIDENT OF MOHALLA AMLATOLA, KATIHAR, P.S. AND DISTRICT KATIHAR Versus STATE OF BIHAR ----------- 3. 25.3.2009 Heard learned counsel for the petitioner and the State. Two cheques each of rupees two lacs and fifty thousand bounced making a ground for execution of a criminal case. Even having special enactment on the point, cognizance is taken for the offence under section 406 IPC. However, warrant issued in the case even prima facie in absence of whether after service of summons or warrant other process but the petitioner remained in custody since 5.12.2008 in a bailable case. In that also he admits his liability of rupees two lacs as being the principal amount. No document is there as pointed out by learned counsel for the petitioner, the statement of complainant in course of inquiry. Mala fide intention or any mens rea could be gathered if the issuance of cheque would have been said for other cause. Learned counsel for the petitioner further submits that his wife has arranged an additional amount of rupees fifty thousand to be paid and the rest amount of rupees fifty thousand will be paid after release of the petitioner. In my view also it is not a fit case in which petitioner’s incarceration can be any more is justified. Accordingly the petition is allowed. Let the above named petitioner be released on bail on - 2 - furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri V.P.Singh, Judicial Magistrate, 1st Class, Katihar in Complaint case no. 2123/2004, subject to the condition that the payment of Rs. 50,000/- through bank draft will be deposited before the aforesaid court which shall be handed over to the complainant forthwith after verification of the same. (Mandhata Singh,J.) AI