IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4241 of 2009 ZAHID HUSSAIN S/O SALIMUDDIN, R/O MUZAFFAR ALI LANE, MOHALLA MURARPUR, P.S. KOTWALI, DIST. GAYA. --- PETITIONERS Versus STATE OF BIHAR --- OPP. PARTY. ----------- For the petitioner: Mr. Mithilesh Kumar Upadhyay,advocate. For the State: Mr. C.Jawahar, APP. 02. 30.04.2009 Heard both sides. The sole petitioner has approached this court for grant of anticipatory bail in a case instituted under Section 406 and Section 138 of N.I.Act. As per allegation in the F.I.R., the petitioner was tenant in the house of the complainant. There was some dispute relating to said premise, whereafter, a suit was filed by the complainant which, ultimately, ended in compromise between the parties. It is alleged that as per the compromise, the petitioner was supposed to pay a sum of Rs. 30,000/- to the complainant on account of previous dues. A cheque was issued for a sum of Rs. 12,000/- but the same was dishonored as and when presented in the bank for encashment. Learned counsel for the petitioner referring to the compromise decree annexure-2 (particularly paragraph no. 5 thereof) submits that there was no such contemplation in the compromise/agreement. The present allegation is, therefore, not substantiated from the compromise decree itself. Having considered the submissions and after going 2 through the materials available on record, this court is satisfied that a case for extension of privilege of anticipatory bail has been made out. In the event of his arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed to 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 the Chief Judicial Magistrate, Gaya in connection with complaint case No. 1398/07 Tr. No. 1383/2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code. Sym/ (Kishore K. Mandal, J.)