IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21563 of 2009 1. Sidhnath Prashar, Son of Late Gauri Shankar Mishra. 2. Dhruv Kumar @ Dhruv Nath Kumar @ Mintu, Son of Late Gauri Shankar Mishra. Both residents of village-Mahmadpur Badal, P.S.-Sakra, District- Muzaffarpur. …………Petitioners. Versus THE STATE OF BIHAR ……… Opp. Party. ----------- 2/ 07.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with Complaint Case No. C-1128/2006 registered for offence under Section 138 of the Negotiable Instrument Act and under Sections 406 and 420 of the Indian Penal Code. Counsel for the petitioners submits that the allegations do not make out an offence under Sections 406 and 420 of the IPC. So far offence under Section 138 of the Negotiable Instrument Act is concernd, there is no whisper against the petitioner No. 2 namely, Dhruv Kumar @ Dhruv Nath Kumar @ Mintu. Petitioner No. 1 is the executant of the chaque, complainant was paid the amount in cash and asked not to encash the cheque, but with ill-motive he presented the chaque for encashment, which was not honoured. Considering the aforesaid facts, prayer for anticipatory bail of the petitioners namely, Sidhnath Prashar and Dhruv Kumar @ Dhruv Nath Kumar @ Mintu is allowed and in the event of their arrest or surrender in the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J - 2 - M. (West), Muzaffarpur in connection with Complaint Case No. C- 1128/2006 subject to the conditions as laid down under Section 438 (2) Cr. P.C. Sanjeet/ (Mridula Mishra, J.)