IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.266 of 2009 PAWAN KUMAR @ PAWAN KR.MALAKAR, son of Late Ganga Malakar, Mohalla Jagir, Dwarika Market, Manbhawan Pan Dukan, PS and Dist. Begusarai.. Petitioner. Versus 1. The State of Bihar, 2. Sanjiv Kumar Singh, son of Umesh Kr. Singh, resident o Itwa, PS Mufassil, Dist. Begusarai.. Opp. Parties. 2 12.2.2009 Heard the parties. The petitioner apprehends his arrest in a case under sections 138 of the Negotiable Instrument Act and 420 of the Penal Code. The petitioner had purchased a photo stat machine for Rs. 38,165/- and paid Rs.20,000/- at the time of purchase of the machine. Later on he has paid some of the amount. The allegation is that a cheque of Rs. 8,425/- bounced due to insufficient money in the account. Learned counsel for the petitioner submits that in fact the photo stat machine was defective and the complainant had promised to give him discount and that out of malice has presented the old cheque for payment of the amount which according to the complainant bounced. It is also submitted that the petitioner is ready to pay Rs.8425/- to the complainant provided the complainant is able to prove his case during trial. In the circumstances the petitioner is directed to deposit Rs. 8,425/- in the trial court within a period of six weeks which will be kept in the fixed deposit till the disposal of the case. In the event the petitioner deposits the aforesaid amount, he shall be released on anticipatory bail in the event of his arrest or 2 surrender within six weeks in Begusarai Town PS Case No. 131/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Sri A. K. Gupta, Judicial Magistrate, Ist Class, Begusarai, subject to the conditions laid down under section 438(2) of the Cr. P. C. haque (Sheema Ali Khan, J.)