IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40400 of 2009 VIJAY KUMAR MISHRA S/O- LATE SHRI NIWAS MISHRA RESIDENT OF GAGE NO. 16 KANKARBAGH, P.O. PATRAKARNAGAR, DISTRICT – PATNA Versus STATE OF BIHAR . ----------- 02. 18.12.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 420, 323, 504 AND 379 of the Indian Penal Code. It is submitted that the present complaint has been filed for ulterior purpose. As a matter of fact, on account of certain differences in carrying out the business, the complainant has taken to recourse of this criminal proceeding. The complainant had given Rs. 50,000/- through bank draft for getting the agency of the business alleged to be run by the accused persons and on account of not giving the agency or the products of the company for sale, the complainant has filed the present case. It is further submitted that petitioner is ready to pay back the aforesaid amount by way of installments of Rs. 10,000/- per month. Learned counsel for the State opposes the prayer for bail and submits that the alleged amount was given to the petitioner through bank draft. However, neither the agency was given nor the products of the 2 agency were given to the complainant for sale. In the facts and circumstances of the case, petitioner may deposit the sum of Rs. 50,000/- in the installments of Rs. 10,000/- per month in the court below and the complainant will be at liberty to withdraw the said amount. With the above conditions, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Patna City in connection with Complaint Case No. 530C of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioner fails to deposit the said amount, the present order shall stand vacated. Jagdish ( Shailesh Kumar Sinha, J.)