IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15494 of 2011 ALOK NARAIN AGARWAL & ANR. Versus THE STATE OF BIHAR ----------- 02. 20.05.2011 Petitioners are apprehending their arrest in a case registered under Sections 406, 420, 504, 506/34 of the I.P.C. The accusation levelled by the complainant being employee of the petitioners is that the petitioners failed to give 2 percent commission as per the oral agreement. It appears that learned Sessions Judge has failed to exercise the jurisdiction under Section 438 Cr.P.C. on the ground that the summons has been issued by the concerned Magistrate. Learned Sessions Judge has relied upon the judgment reported in AIR 2009 SC 254, Para-63 which is not applicable in the present case. Considering the nature of accusation, let the petitioners namely 1. Alok Narain Agarwal 2. Sri Dhruv Narain Dass, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhojpur, Ara in connection 2 with Complaint Case No. 2429C of 2009, Trial No. 5240 of 2010. Shageer ( Dinesh Kumar Singh, J)