IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43320 of 2008 SANJAY KUMAR GUPTA, S/o Late Bhagwan Sah, R/o Village + P.O. – Sanjhauli, P.S. Sanjhauli, Distt. – Rohtas. Versus THE STATE OF BIHAR ----------- 2. 11.12.2008. Heard. Non-payment of price of goods sold and alleged handing over of a cheque towards payment of the price of goods, which has been dishonoured, appears to be the reason for filing of the complaint. On these materials, it is surprising, cognizance has been taken under Sections 406 and 420 of the Indian Penal Code. The allegation of abuse with filthy words and threat allegedly given, when the notice of dishonour of the cheque was brought to the notice of the petitioner, has resulted in taking of cognizance under Sections 323, 441 and 504 of the Indian Penal Code. With that, because of dishonour of the cheque, cognizance has also been taken under Section 138 of the Negotiable Instruments Act. Taking into account all these factors and significant absence of proof of delivery of goods sold and delivered, the application of the petitioners for grant of anticipatory bail is allowed. - 2 - In the event of arrest or surrender of the petitioner within six weeks from today, let the petitioner, namely, Sanjay Kumar Gupta be released on bail on his furnishing bond in the sum of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, Sasaram, in connection with Complaint Case No. 438 of 2006 (Tr. No. 3373/07 / 3164/08), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. dk ( Barin Ghosh, J. )