1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.16268 of 2011 ====================================================== 1. Dadan Prasad, Son of Late Jagarnath Prasad, Resident of Village Bhatwalia, P.S. Sangrampur, District East Champaran, at present Times Online Kago Mohalla 31 G.T.Road, Uttar Howrah (West Bengal). 2. Kanhaiya Prasad, Son of Shri Bachcha Prasad Srivastava, Resident of Village Lakhanpur, P.S. Lauria, District West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Ravi Motani, Son of Late Sitaram Motani, Resident of Mohalla Lal Bazar, P.S. Bettiah Town, District West Champaran. .... .... Opposite Party/s 3 11-07-2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in this complaint case with allegation of issuing a cheque worth Rs. 2,50,000/- in favor of complainant by way of part refund of Rs. 25,00,000/- taken for business purpose. The said cheque could not be encashed since petitioner no. 1 who issued the cheque had got the payment stopped. During course of argument, taking of Rs. 25,00,000/- is denied and it is submitted that cheque of Rs. 2,50,000/- was issued by petitioner no. 1 for other purpose, but realizing the true affairs 2 he himself got the payment stopped. However, subject to result of the case he is ready to deposit the above amount in court as security money. Considering the facts and circumstances of the case, subject to deposit of the amount in court, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, 1. Dadan Prasad and 2. Kanhaiya Prasad, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 09 of 2010, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to petitioner no. 1, namely, Dadan Prasad to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates without any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- (Akhilesh Chandra, J)