IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19834 of 2011 1. ZAKIR KHAN, son of Md. Yar Khan, R/o-3/H/4/2, B.K. Road, P.S.- Iqbalpur, District- Kolkata-700025, West Bengal, 2. Md. Javed, s/o Sri Iqbal Ahmad, R/o Moh-Kaptan Ganj, P.S. Kaptan Ganj, District-Kushi Nagar, Uttar Pradesh. 3. Sanjay Kushwaha, S/o Sri Dhanraj Kushwaha, R/o Vill.-Dumar Bhar, Bagahi Kutti, P.S.- Paterhwa, Distt.-Kush Nagar, Uttar Pradesh. Versus THE STATE OF BIHAR ----------- 2. 27.6.2011 Heard Mr. Y.C. Verma, learned counsel for the petitioners and Mr. Umanath Mishra, APP for the State. The allegation against the petitioners is that they have been found overloading their tanker and which is an offence under Sections 3 (2) © of the Prevention of Damage to Public Property Act, 1984. It is submitted that damage to any property has not been specified, the petitioners have already been fined for overloading under the Motor Vehicle Act. Learned A.P.P. for the State could not controvert the contention of the learned counsel for the petitioners while opposing the prayer. Considering the facts and circumstances of this case, the abovenamed petitioners are directed to surrender before the Chief Judicial Magistrate, Muzaffarpur in Brahampura P.s. Case no. 64 of 2011. In that event, the petitioners will be enlarged on bail on furnishing Rs. 20,000/-(twenty thousand only) in cash 2 and bail bond of Rs. 25,000/- (twenty five thousand only) each with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur out of them one surety must be the close relative of the petitioners, subject to conditions under Section 438 (2) of the Cr.P.C. and with further condition they will not indulge in similar or any other offence, they will co- operate with the Investigating Officer failing which their bail bonds would be liable to be cancelled by the learned Magistrate. Amit (Amaresh Kumar Lal, J.)