IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35033 of 2009 Rajesh Modi, son of Gopi Modi, resident of Mohalla- Kabali Road, Ward No. 14, P.S. Jhumari Tilaiya, District- Kodarma (Jharkhand). ………………Petitioner. Versus 1. The State of Bihar. 2. Verru Sau @ Virendra Prasad, S/o Jagdish Prasad, R/o Village- Millaki, P.S. Warsaliganj, District-Nawada. ……………. ……….. Opposite Parties. ----------- 6. 22. 04. 2010. Heard Mr. Sandeep Kumar, learned counsel appearing on behalf of the petitioner, Mr. Niraj Kumar, learned counsel appearing on behalf of the informant as also learned Additional P.P. on behalf of the State. The petitioner apprehends his arrest in connection with Complaint Case No. 650/2008 in which cognizance has been taken under Sections 420 and 406 of the Indian Penal Code as also Section 138 of the Negotiable Instrument Act. When the matter was heard on 30. 03. 2010, then a common stand was taken by the learned counsel appearing on behalf of the petitioner as also O.P. No. 2 that they may be permitted to persuade their clients to have reconciliation of the entire dispute between them. In compliance of the aforesaid order dated 30. 03.2010, petitioner and O.P. No.2 are physically present in the Court and they have been duly identified by their respective counsels. Unfortunately, it was informed to the Court that despite their best effort reconciliation could not be arrived at between the parties. In the aforesaid background, the matter was heard on merit. Learned counsel for the petitioner has submitted that in 2 fact petitioner and O.P. No. 2 were having business relationship and during that course there has been some transaction, but the allegations as disclosed in the complaint petition are absolutely false. Learned counsel appearing on behalf of the informant has opposed the prayer for grant of anticipatory bail made on behalf of the petitioner. With respect to complaint case filed by the petitioner against O.P. No. 2, it was submitted by the learned counsel for O.P. No. 2 that in fact that matter is still pending for enquiry and cognizance has not been taken. Therefore, truthfulness of that complaint case is yet to be tested by the learned Magistrate. When the matter was being heard, learned counsel for the petitioner has fairly stated that without going into the merit of the case, his client is prepared to deposit Rs. 1,48,730/- in the court below provided that it is not construed as admission of the guilt by the petitioner and the amount deposited by him in the court below may be subject to outcome of the trial. In the aforesaid background and in view of fair stand taken by the learned counsel for the petitioner, it is directed that petitioner must deposit Rs. 1,48,730/- in two installments in the court below within a period of eight weeks from today. First installment of Rs. 75,000/- must be deposited within a period of four weeks from today and balance amount of Rs. 73,730/- must be deposited within eight weeks from today. If first installment of Rs. 75,000/- is deposited within a period of four weeks from today, then 3 in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Rajesh Modi, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri A. Kumar, Judicial Magistrate, Nawada, in connection with Complaint Case No. 650/2008, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. It is made clear that deposit made by the petitioner will be subject to outcome of the trial of the petitioner in the present case. It is further made clear that if the petitioner does not deposit the entire amount of Rs. 1,48,730/- within a period of eight weeks from today, then it would be construed that prayer made on behalf of the petitioner for grant of anticipatory bail before this Court has finally been rejected and in that case, the petitioner would have to surrender in the court below and would have to seek regular bail on merit in accordance with law. m.p. ( Birendra Prasad Verma, J.)