IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34113 of 2008 1. Ashok Singh, Son of Ram Jit Singh, Resident of Village Basa, PO Karwandia, PS Sasaram (M), District Rohtas. 2. Kamla Singh, Son of Late Kesho Singh, Resident of Village Bishrampur, PO Nahauna, PS Sasaram (M), District Rohtas. 3. Sanjay Sao, Son of Bhagwan Prasad, Resident of Village Karwandia, PO Karwandia, PS Sasaram (M), District Rohtas --- Petitioners Versus The State Of Bihar ---- Opposite Party ----------- 2 8.7.2011 This application has been filed for quashing the order of cognizance dated 7.6.2002 passed in Official Case No. 55 of 2002 for the offences alleged to have been committed under Sections 40/41 of the Mining Act and under Section 379 of the Indian Penal Code. The allegations against the petitioners is that they were found in possession of heap of stones which were supposedly stored by him without obtaining a licence. This aspect of the matter has been dealt with by this Court in Cr. Misc. No. 21512 of 2002. In fact a batch of seven cases were filed with respect to storage of stones without licence against different persons. The Court while considering whether any offence was made out under the Mining Act or under the Indian Penal Code has held that since no licence is required under the Mining Act for storage of stones, it cannot be construed to be an offence under the Mines Act. The Court further held that since there is no allegation of theft of mineral concerned, it would not come within the purview of Section 379 of the Indian Penal Code. The case of the petitioners is exactly on the similar footing and, therefore, I quash the order of cognizance dated 7.6.2002, passed in Official Case No. 55 of 202. This application is allowed. Sanjay ( Sheema Ali Khan, J.)