IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23119 of 2011 Kamaldeo Narayan Pratap, Son of Late Krishna Nand Choudhary, Proprietor of M/s Choudhary Consultancy Service, Ganesh Market, G.T. Road, Sasaram, Rohtas. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 02/- 02/08/2011 Heard Mr. Abhinay Raj learned counsel for the petitioner and Mr. Damodar Prasad Tiwary learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this complaint case being sub broker (agent) and deals with securities of different companies etc. with allegation of non-returning of certain investment made by the complainant. Submission is that, in view of Section 15(F) (b), 15(y) and 26 of the Securities and Exchange Board of India Act, 1992, the complainant petition itself is not maintainable, unless filed by the competent authority before competent forum. Considering the facts and circumstances of the case and nature of allegation, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sasaram, Rohtas, in connection with Complaint Case No. 226 of 2007, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for 2 two years of till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)