IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.50341 OF 2008 MANISH KUMAR JAISWAL, SON OF SRI BRAJ BHUSHAN JAISWAL, RESIDENT OF VILLAG EPAKRIDAYAL, POLICE STATION PAKRIDAYAL, DISTRICT EAST CHAMPARAN VERSUS STATE OF BIHAR ****** 2 20.01.2009 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. The petitioner was chosen as a dealer in the ESSAR Company to start a diesel outlet. For the purpose of starting the outlet, the petitioner approached the complainant and the complainant promised him to arrange a piece of land for starting the ESSAR diesel outlet. It would be apparent from Annexure-2, the affidavit sworn by the complainant on 04.11.2006 that the complainant had taken a cheques of Rs. One lac which was to be returned if the lands could not be arranged by the complainant or the petitioner failed to get the license from the ESSAR Company to start the diesel outlet on the land provided by the complainant. Annexure-3 is the letter of the ESSAR Company 2 rejecting the land provided by the complainant. Learned Counsel for the petitioner submits that in fact the case filed by the complainant is distorted and has been filed in order to compel the petitioner to pay him a sum of Rs. One lac and in the backgrounds stated aforesaid, it has been submitted that the complainant is the person who should be held responsible for committing the offences. Be that as it may, the petitioner Manish Kumar Jaiswal is directed to be released on bail in the event of arrest/surrender before the Court below in Complaint Case No. C-792 of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikarhana (East Champaran). Anand ( Sheema Ali Khan, J. )