IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41840 of 2008 RAM BAHADUR, (TANKER OWNER), S/O RAM NARESH, R/O RAM NAGAR LANE, P.S. GARDANIBITAH, DISTRICT –KOLKATTA-24. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 3 27.11.2008 A tanker loaded with mustard oil allegedly met with an accident was the information supplied by the driver of the tanker. The owner of the mustard oil filed a first information report and thereby reported that mustard oil worth Rs.10,80,000/- has been misappropriated and a fake accident of the tanker has been shown to cover up misappropriation. In course of investigation it transpired that there was no trace of mustard oil in and around the place where the accident allegedly took place. Petitioner is the owner of the tanker. Being the master, he has vicarious liability on account of the activities of his servant, the driver, but for a misdeed by his servant he may not be liable. On this principle and taking into account the fact that as yet involvement of the petitioner has not been highlighted, I allow the application of the petitioner for grant of anticipatory bail on condition that he will give full cooperation in the 2 investigation. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in Agam Kuan P.S. Case no. 58 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad