IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41122 of 2009 MUKESH KUMAR SINGH S/o Prem Narayan Singh, resident of village- Meghaul, P. S. Khodawand Pur, Distt. Begusarai………..Petitioner. Versus STATE OF BIHAR ----------- 2. 02.12.2009. Heard Mr. B. P. Pandey, learned senior counsel for the petitioner as also counsel for the State. The petitioner who faces prosecution for offence under Sections 406,420,323,504/34 of the Indian Penal Code would primarily seek bail on the ground that it was basically a commercial transaction and if there be any breach of such contract, a remedy for the informant would be before an appropriate civil court. Yesterday, when the matter was argued, Mr. B. P. Pandey would fairly submit that the agreement in question showing advance of a sum of Rs.2,10,000/- to the petitioner and his father was genuine document pertaining to signature of the petitioner and he was asked to take instruction as to whether the petitioner is ready to deposit the said amount subject to result of the trial, Counsel after taking instruction has 2 submitted today that the petitioner would pay the entire amount within a period of two months of his being released on bail. He would further submit that the petitioner will deposit a sum of Rs.25,000/- whereafter he may be released on provisional bail and rest of the amount i.e. Rs.1,85,000/- would be deposited within six weeks of his being granted provisional bail so that his provisional bail gets confirmed. Considering the fact that the petitioner is prepared to pay the amount in question, being subject matter of dispute in this case, this court would direct the petitioner namely Mukesh Kumar Singh to be released on provisional bail for a period of six weeks on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Begusarai in connection with Teghra P. S. Case No. 180 of 2007 if he would pay a sum of Rs.25,000/- by way of bank draft in the name of Rajeev Gautam, complainant. If the petitioner within a period of six weeks after being provisionally released, would pay the balance amount of Rs.1,85,000/- 3 by way of bank draft in the name of Rajeev Gautam, the court below shall confirm the provisional bail of the petitioner and if the petitioner shall not pay the balance amount of Rs.1,85,000/- within the aforesaid period of six months, his present bail shall stand cancelled. Two bank drafts of Rs.25,000/- and Rs.1,85,000/- would be withdrawn by the complainant, Rajeev Gautam on a undertaking that if the prosecution fails, he would refund the entire amount with interest at the rate of 6 per cent. On the other hand, if the prosecution succeeds, the said amount will definitely remain with the complainant. With the aforesaid observations, this application is disposed of. kanchan (Mihir Kumar Jha, J.)