IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26920 of 2010 ALOK KUMAR Versus STATE OF BIHAR ----------- 2 6.9.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the Complainant. The petitioner is an accused in a case under sections 406 and 418 of the Penal Code and section 138 of the Negotiable Instruments Act. It is alleged by the complainant that a cheque of a sum of Rs.113000/- issued by the petitioner bounced due to insufficiency of funds. Learned counsel for the petitioner submits that in order to get distribution/dealership the petitioner had to sign a pre- requisite cheque. However, he does not dispute that some amount to the tune of Rs.50,000 to 55,000/- may be due to the complainant. The petitioner is in custody since 8.6.2010. Considering the facts and circumstance of the case, the petitioner Alok Kumar is directed to be released on bail in connection with Complaint Case No.1330 of 2007, Trial No.223 of 2010 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Smt. Rumpa Kumari, Judicial Magistrate Ist Class subject to the following conditions: i) The petitioner would pay a sum of Rs.30,000/- to the complainant, out of which 2 KHAN Rs.20,000/- would be paid within 1 ½ months from the date of his release and a sum of Rs.10,000/- would be paid by him within 1 ½ months thereafter. ii) So far as balance remaining amount is concerned, the same would be subject to the result of the criminal prosecution. (S.P.Singh,J)