IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7594 of 2010 BANJEER YADAV & ANR Versus STATE OF BIHAR ----------- 2. 23. 03. 2010. Heard Mr. Mohan Kumar Mishra, learned senior counsel for the petitioners and Mr. Abhimauyu Sharma, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in a case registered under Sections 406, 420 and 120B/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that according to the F.I.R., the informant is an agent of the partnership firm and petitioners are also agent of the said partnership firm. By referring to Annexure-3, he submits that petitioners are not partners of that firm rather three other persons are partners of the firm and are also accused in the present case. He also submits that whatever money has been deposited either by the informant or some other persons that have been finally entrusted to partners and for that petitioners can not be held responsible. According to him, no case of cheating under Section 420 I.P.C. is made out against them. Learned counsel for the State has opposed the prayer for grant of anticipatory bail of the petitioners on the ground that huge amount of four to five crores is said to have been mis-appropriated by the accused persons. It is also 2 pointed out that partnership firm was created on 08. 12. 2009 and just after two months the present F.I.R. vide Annexure-1 was lodged on 30. 01.2010 ,and, therefore, involvement of the petitioners can not be ruled out. Be that as it may, in the aforesaid facts and circumstances, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. Accordingly, their prayer for grant of anticipatory bail is dismissed. However, if the petitioners surrender in the court below within a period of four weeks from today and make a prayer for regular bail, then the same may be considered on its own merit without being prejudiced by the present order. m.p. (Birendra Prasad Verma,J.)