IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20494 of 2009 BRIJ KISHORE SHARMA, SON OF SRI HARIDWAR SINGH, R/O VILLAGE-KUSHAP, MAHMANA, P.S. TEKARI, DISTT. GAYA. Versus STATE OF BIHAR ----------- 5. 14.10.2009. Petitioner is apprehending his arrest in connection with a case registered for the offence under section 406 of the Penal Code and Rules 4/40 of the Bihar Minor Mineral Concession Rules. Perusal of the first information report indicates that the petitioner and one Md. Jauhar Alam are alleged to have established a brick kiln without permission of the mining authorities of the State and thereby committed not only offence under Rule 4/40 of the Bihar Minor Mineral Concession Rules, but also under section 406 of the Penal Code as they continued their brick kiln business causing loss to the exchequer of the revenue making out offence under section 406 of the Code. Earlier also, petitioner had filed petition for grant of bail in the event of arrest bearing Cr. Misc. No.10456 of 2009, which was permitted to be withdrawn under - 2 - N.H./ Order No.2 dated 18.5.2009 contained in annexure-1 to this application. Present application has again been filed for similar relief which this Court is not inclined to grant in view of the allegation set out in the first information report. This application is dismissed with direction to the petitioner to surrender in the court below forthwith. ( V.N. Sinha,J.)