Ashok Kumar vs The State Of Bihar on 6 July, 2011

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.21339 of 2011
            Ashok Kumar, Son of Sitaram Chourasia, resident of Mohalla-
            Rashmi Ultrasound Gali, Sirihaghar, P.S.-Kotwali, District-Gaya.
                                                   .............Petitioner.
                                  Versus
            The State of Bihar                     .............Opposite Party.
                                 -----------

2/- 06.07.2011 Heard learned counsel for the petitioner and

learned counsel appearing for the State.

Learned counsel for the petitioner submits that

the dispute in question is essentially of a civil nature. The

payment was in the name of company. The promise to pay

back the money was by the Managing Director of the

company who had issued cheque dated 16.4.2009 for Rs.

97,745/- which got dishonoured due to insufficiency of

fund on 22.4.2009 and on being presented again the same

was dishonoured on 26.5.2009 for the second time. The

complaint in question was filed on 4.8.2009. The

cognizance has been taken under Section 420/34 of the

Indian Penal Code and Section 138 of the Negotiable

Instrument Act.

Learned counsel for the petitioner submits that

the petitioner was an employee of the company and cannot

be held vicariously liable for act of the company or for the

act of Managing Director who was incharge of the Company

in terms of the provision prescribed under the N.I. Act.

Learned counsel for the complainant has
2

appeared through Vakalatnama and has vehemently

opposed the prayer for grant of anticipatory bail and

submits that petitioner was one of the conspirator and on

whose inducement he has parted with money.

Taking into consideration the facts and

circumstances, I am of the view that the petitioner is

entitled for grant of anticipatory bail.

In that view of the matter, let the petitioner

namely, Ashok Kumar in the event of his arrest at the

hands of police or surrender before the Court below, be

released on bail in connection with Complaint Case No.

1515/2009/ Tr. No. 397/2009/263/2010 on furnishing

bail bonds of Rs. 5,000/- (Five thousand) with two sureties

of the like amount each to the satisfaction of Sri Prabal

Dutta, learned Judicial Magistrate, 1st Class, Gaya.

Sanjeet/-                                    Ashwani Kumar Singh, J.)