IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21339 of 2011 Ashok Kumar, Son of Sitaram Chourasia, resident of Mohalla- Rashmi Ultrasound Gali, Sirihaghar, P.S.-Kotwali, District-Gaya. ………….Petitioner. Versus The State of Bihar ………….Opposite Party. ----------- 2/- 06.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Learned counsel for the petitioner submits that the dispute in question is essentially of a civil nature. The payment was in the name of company. The promise to pay back the money was by the Managing Director of the company who had issued cheque dated 16.4.2009 for Rs. 97,745/- which got dishonoured due to insufficiency of fund on 22.4.2009 and on being presented again the same was dishonoured on 26.5.2009 for the second time. The complaint in question was filed on 4.8.2009. The cognizance has been taken under Section 420/34 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Learned counsel for the petitioner submits that the petitioner was an employee of the company and cannot be held vicariously liable for act of the company or for the act of Managing Director who was incharge of the Company in terms of the provision prescribed under the N.I. Act. Learned counsel for the complainant has 2 appeared through Vakalatnama and has vehemently opposed the prayer for grant of anticipatory bail and submits that petitioner was one of the conspirator and on whose inducement he has parted with money. Taking into consideration the facts and circumstances, I am of the view that the petitioner is entitled for grant of anticipatory bail. In that view of the matter, let the petitioner namely, Ashok Kumar in the event of his arrest at the hands of police or surrender before the Court below, be released on bail in connection with Complaint Case No. 1515/2009/ Tr. No. 397/2009/263/2010 on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri Prabal Dutta, learned Judicial Magistrate, 1st Class, Gaya. Sanjeet/- Ashwani Kumar Singh, J.)