IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11228 of 2011 UMESH KUMAR GUPTA SON OF LATE BISHWANATH SAH. Versus THE STATE OF BIHAR ----------- 02 07.04.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 420, 323 and 506 of the Indian Penal Code. It is alleged that the petitioner issued a cheque of Rs. 3,20,000/- which got encashed by the complainant. Since, his banker made the payment in anticipation of encashment, but subsequently, the cheque was not cleared by the bank on which, it was drawn, then the banker of the complainant contacted the complainant when the complainant returned Rs. 1,50,000/- and for balance of Rs. 1,50,000/- the bank has filed the Money Suit against the petitioner. It is submitted by learned counsel for the petitioner that the petitioner issued the cheque which was encashed by the complainant worth Rs. 20,000/- 2 but it was the complainant, who interpolated as Rs. 3,20,000/- and hence, fraudulently withdrawn Rs. 3,20,000/- and now the complainant, in order to save his skin from the bank, has filed the present case. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Complaint Case No. 1928C/2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)