IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30389 of 2010 BRIJ BHUSHAN SHARMA Versus The STATE OF BIHAR ------ 2/ 07.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. On petitioner’s instigation, informant agreed to install a machine for colour photographs. Some payment was made to the petitioner for handing over the same to accused no.2 who was dealing with such machine. Machine was installed but it did not work. In a Panchayati, liability was fixed to return Rs. 1,24,000/- For the same, cash amounting to Rs. 20,000/- and two cheques of Rs. 39,000/- and Rs. 65,000/- were issued by this petitioner and accused no.2 in name of D. Chaudhary respectively. Cheque issued by this petitioner is honoured while cheque issued on behalf of accused no.2 is dishonoured. Allegation is that both the cheques were issued by this petitioner only while defence is that second one was issued by accused no.2, who really was liable for payment of the defective machine. Petitioner suffered much due to being middleman. On the one hand, petitioner is not liable for returning the price of machine and on the other hand, maximum liability can be fixed about bouncing of cheque, but in any case, petitioner’s arrest at the moment cannot be justified. Accordingly, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of arrest or surrender within one month 2 from the date of receipt/production of a copy of this order in connection with Ara Town P.S. Case No. 230 of 2009 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 C.J.M., Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)