IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15615 of 2010 MD.KASHIM Versus The STATE OF BIHAR ------ 2/ 18.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that no money remained dues towards price of tractor rather one of the cheques issued at the time of purchase of the tractor was misused in the year 2009 in which also some mistake has been committed by the informant. That cheque was returned by the Bank on 04.09.2009 but legal notice was issued on 01.08.2009 or 01.09.2009. If really any cheque was issued then also a bailable offence is only made out under Section 138 N.I. Act for which arrest for the offence under Section 420 of the I.P.C. is not justified. Taking that into consideration, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Basopatti P.S. Case No. 19 of 2010, 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., Madhubani subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)