Patna High Court Cr.Misc. No.23682 of 2011 (3) dt.21-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23682 of 2011 =================================================== Subodh Kumar, son of Sri Haridwar Singh, resident of Village-Badgaon, P.S.-Fatehpur, Dist-Gaya .... .... Petitioner Versus The State of Bihar .... .... Opposite Party =================================================== 3 21-09-2011 In this case, by order dated 20.07.2011, the matter was adjourned for a week in order to take instruction from the petitioner as to whether he is ready to make payment of the due amount or not. Learned counsel for the petitioner submits that since the petitioner disputes any liability, he is not in a position to pay the amount in question. It is also stated that in case the payment of the amount in question is made by the petitioner, the same would cause prejudice to the case lodged on his behalf against the complainant and others. It is submitted on behalf of petitioner that even prior to the institution of present complaint, the petitioner had instituted a complaint case on 10.06.2000 against the complainant and one another. The said complaint case was later on sent to police for institution of First Information Report and accordingly, a case under Sections 385 and 379 of the Indian Penal Code was registered on 02.01.2011 against the complainant and one Pintu Sharma. It is also submitted that the petitioner had already informed the Bank not to honour the cheques in question as the same were snatched away by miscreants for which a case was already registered. It is submitted that the present complaint in which cognizance has been taken under Sections 420 and 138 of the Patna High Court Cr.Misc. No.23682 of 2011 (3) dt.21-09-2011 Negotiable Instrument Act has been filed in retaliation to the case lodged by the petitioner earlier. Considering the aforesaid facts and circumstances of the case, let the petitioner, namely, Subodh Kumar in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Complaint Case No.2290(C) of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. ASHWINI/- (Ashwani Kumar Singh, J)