IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4935 of 2008 JAI NARAYAN JHA & ANR Versus THE STATE OF BIHAR ----------- 4/ 24.06.2008 Heard learned counsel for the petitioners and learned counsel appearing for the complainant. This is an application filed under Section 438 Cr. P. C. for granting anticipatory bail to the petitioners in C.R. No. 1178 of 2005 under Sections 406 & 420 of the IPC. According to the prosecution case Pandaul Co-operative Spinning Mills Ltd and the other co-accused including two petitioners entered into an agreement with the firm of the complainant to carry out the job of conversion of new material of cotton fibre into finish product in pursuance of the agreement in the complainant firm entrusted the new cotton to the accused persons weighing about 1 lakh 45 thousand (145011 kg.) and also paid Rs. 37,37,397.92 but the accused persons did not hand over any finished good. They also in conspiracy with each other misappropriated new cotton weighing 884265.20 kg. and a sum of Rs. 2960168.19. Learned counsel for the petitioners submitted that the transaction is based on agreement and no criminal offence is made out on the allegation. The allegation simply made out a case of civil liability for which the complainant has already filed a Title Suit. He further submitted that the petitioners are employee of complainant company and they had no role either in gaining the contract or in handing over the finished product. The Pandaul Co-operative - 2 - Spinning Mills had also been functioning since long and their does not appear to be any reason for inducement or misrepresentation on the part of the petitioners in obtaining the contract. Learned counsel for the complainant opposed the submission and contended that a breach of contract may give rise to both civil and criminal liability and hence these petitioners do not deserve to be released on anticipatory bail. Considering the submissions of the learned counsel for both sides and after perusal of the complaint petition, the prayer of the petitioners is allowed and both the petitioners namely, Jai Narayan Jha and Pawan Kumar Jha are directed to surrender before the court below within four weeks from today and in that event Chief Judicial Magistrate, Madhubani shall release them on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to his satisfaction in connection with C.R. No.1178 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. DKS/ (Rekha Kumari, J)