IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52450 of 2008 DINESHWAR YADAV, S/o Basawan Yadav, R/o village-Bheria, P.S.- Dehari, District- Rohtas at present New Diliy Dehari Lahan, P.S.- Dehari, District- Rohtas ….. Petitioner Versus THE STATE OF BIHAR ….. Opp. Party ----------- 02 11.02.2009 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case under Section 420, 406/34 of the Indian Penal Code. The transport agency is alleged to have been run by three persons who are named accused. Learned counsel for the petitioner submits that the slip by which the truck was hired to carry food-grains to West-Bengal, shows that Omji is the proprietor of the transport agency. It is submitted that the petitioner is a labourer and is not a business partner of Omji and, therefore, he could not be held responsible for the alleged mis- appropriation of the food-grains. It is further submitted that apart from the allegation in the complaint petition that the petitioner is a partner of Omji, there is no other material to pre-suppose that the petitioner was also a business partner running the transport agency. Considering the aforesaid facts, the petitioner, namely, Dineshwar Yadav, in the event of his arrest/surrender in the court below within six weeks from today is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction - 2 - of Chief Judicial Magistrate, Aurangabad, in connection with Complaint Case No.943 of 2004. P.K. (Sheema Ali Khan, J.)