IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42474 of 2009 ASHOK MANDAL @ ASHOK KUMAR MANDAL Versus STATE OF BIHAR ----------- 03. 10.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Pirpainty P.S. Case No. 235 of 2008 registered under Sections 406, 420/34 of the I.P.C. The allegation in the complaint is that 89 bags of green chili and other articles were sent through the truck bearing Registration No. JH04C-2480. In the complaint it is not alleged that at the time of hiring of the truck, petitioner was contacted. It is submitted by the learned counsel for the petitioner that petitioner is the owner of the alleged truck and if the driver and the Khalasi have misappropriated, he can not be held liable. Vide order dated 15.02.2010, legible carbon copy of the case diary was called for. Learned counsel for the State has perused the diary and has submitted that for carriage of the goods the truck of the petitioner was being hired. It is not in dispute that the driver and the khalasi have carried the goods. Since in the complaint it is not mentioned that actually hiring was made from the petitioner and in view of the fact that an agreement was reached between informant and Driver, Khalasi and if subsequently the driver and khalsai developed bad intention on that score, Section 420 is not applicable against the petitioner. So far as offences under Section 406 is concerned, it is not alleged in the complaint that the goods were entrusted to the petitioner. In view of the aforesaid facts, let the petitioner namely Ashok Mandal @ Ashok Kumar Mandal, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 235 of 2008. Shageer (Dinesh Kumar Singh, J)