IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12954 of 2011 BRAJESH KUMAR TIWARY Versus THE STATE OF BIHAR ----------- 2. 05.05.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Section 406 of the Indian Penal Code and under Section 138 of the N.I. Act. The accusation against the petitioner is that he took Rs. 25,000/- for office expenses and Rs. 5,00,000/- as security money for providing loan to the informant from Rainbow Fiscal Services Private Limited. Consequently, the petitioner issued two cheques of Rs. 1,20,000/- and Rs. 2,00,000/- but the cheques were dishonored. It is submitted by learned Sr. counsel for the petitioner that in fact those cheques were presented by the complainant under some misrepresentation. Moreover, the complainant has no proof with regard to the payment made to the petitioner as total payment has been claimed in cash. It is submitted by learned counsel for the complainant that cheques were issued in lieu of the payments made by the complainant. The cheque bounced in October, 2009 whereas the complaint was filed on 9.2.2010. 2 Considering the aforesaid facts, let the petitioner namely, Brajesh Kumar Tiwary in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Niraj Kishore Judicial Magistrate, 1st Class Patna in connection with Complaint Case No. 353 (C) of 2010, Subject to the condition as laid down under Section 438 (2) Cr.P.C Anand Kr. ( Dinesh Kumar Singh, J.)