IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12176 of 2009 SANJEEV KUMAR OJHA, son of Sri Kameshwar Ojha, resident of vill-Fatahpur, P.S.-Paroo, Distt.-Muzaffarpur --------------Petitioner. Versus STATE OF BIHAR ----------- 2. 22.4.2009 Heard learned counsel for the petitioner and the State. In the case there is allegation regarding dishonor of the cheque but that could not be followed by legal action that is about sending of the notice or filing a case under section 138 of the N.I. Act rather, according to the learned counsel, an imaginary incident was developed as without notice there was no justification of filing a criminal case. In the subsequent event, it is said that money was demanded by the petitioner and thereafter there was allegation of snatching of money, causing assault and tearing the cheque. The allegation leveled against the petitioner, in my view also, can never be made the basis for petitioner’s arrest at the moment. Accordingly, in the event of arrest or surrender within one month from today in Brahampura P.S. case no.110 of 2008, 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 C.J.M., Muzaffarpur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )