IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39796 of 2010 PAWAN KUMAR THAKUR Versus STATE OF BIHAR ----------- 2 08-11-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. Petitioner has prayed for anticipatory bail in a complaint case filed mainly for dishonour of a cheque for Rs. 8, 40,000/-. The complaint petition was filed on 23-11-2009. On behalf of the petitioner, it has been submitted that against the complainant’s father a criminal case was lodged before the police by the petitioner vide annexure-3 on 22nd March, 2009 with allegations that complainant’s father was Manager entrusted with running a gas agency belonging to petitioner’s father and since after death of petitioner’s father in 2006, gradually the agency was being mismanaged and on demand the petitioner was not given charge to run his father’s agency and instead the complainant’s father locked the agency and vanished with relevant papers and police was approached for 2 opening the lock. Reliance was placed upon annexures-5 and 5/1 to show that certain cheques bearing nos. 333648 to 333700 went missing and that contained some signed cheques. Such information appears to have given to Bank on 17-2-2009 and on that basis in March, 2009 petitioner prayed for issuance of another cheque book. On behalf of complainant, it has been submitted that complainant had advanced friendly loan by issuing bank drafts to the oil company for issuance of gas cylinders to the agency and for that loan the cheque in question had been issued. On behalf of the petitioner, it has been submitted that such drafts may have been issued by the petitioner on the asking of his father in course of management of the gas agency with a view to lay claim of partnership over the gas agency as all the drafts appears to be issued in around February, 2009 when the petitioner had started demanding accounts of the agency and wanted to run the agency himself. Considering the entire facts and circumstances, the prayer for anticipatory bail is allowed. 3 Let the petitioner namely, Pawan Kumar Thakur in the event of his arrest/surrender within a period of six weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Vaishali at Hajipur in connection with complaint case No. 3681/2009, subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. BKS/- (Shiva Kirti Singh, J.)