IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25033 of 2011 Amitesh Kumar @ Pintu Singh, Son of late Gobind Singh, resident of village-Pokhra, P.S.-Haldi, District-Balia (U.P.). Versus The State of Bihar ----------- 2. 29.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in a case arising out of a complaint in which cognizance has been taken for the offence under Sections 406, 420/34 of the IPC and Section 138 of the Negotiable Instrument Act. A supplementary affidavit has been filed today in the court, stating therein that the complainant has compromised the case outside the court as entire payment in question has already been made to him. Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the aforesaid submissions, let the petitioner, namely Amitesh Kumar @ Pintu Singh in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on provisional bail for a period of four months on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri D. Kumar, learned J.M. Ist Class, Siwan in connection with Complaint Case No. 1421 (C) of 2008 (Tr. No. 1362 of 2011) subject to the 2 conditions laid down under Section 438(2) Cr. P.C. In the meantime, the court below would verify the genuineness of compromise between the parties and if the court comes to a conclusion that the parties have resolved their dispute outside the court, in that case, provisional bail, so granted, shall be confirmed and if the same is not found to be genuine then, in that case, the provisional bail, so granted, shall come to an end on expiry of its term and the petitioner shall surrender and seek regular bail which shall be decided on it’s own merit in accordance with law. Sanjeet/ (Ashwani Kumar Singh, J.)