IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30013 of 2009 RABINDRA RAI son of late Barmeshwar Rai, resident of vill.-Chilahari, P.S.-Dumraon, Distt.-Buxar ------------Petitioner. Versus STATE OF BIHAR ------------- 6. 15.2.2010 Heard learned counsel for the petitioner, informant and the State. Cheques in lieu of payment of earth cutting from complainant’s field are found bounced due to stoppage of their payment is defended on the ground that the same was issued for supply of coal which was not supplied, so the payment was stopped with a further submission of lack of any document towards cutting of the earth. Further it is submitted that if really the cheques are bounced, the offence under section 138 of the N.I. Act is made out only for which arrest of the petitioner cannot be justified when he is ready to furnish bail bond. Learned counsel for the informant has opposed the submission. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Complaint Case no.210 ( c ) of 2007 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )