IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4815 of 2009 RADHEY SAW, son of late Ram Swaroop Saw, village Dhamoul, PS Dhamoul, Dist. Nawadah .. Petitioner. Versus STATE OF BIHAR ----------- 2 13.2.2009 Heard the parties. The petitioner apprehends his arrest in a case under section 379 of the Penal Code and sections 26A and 4 of the Bihar Minor Minerals Act, 1972. Learned counsel for the petitioner submits that for the offences under sections 26A and 4 of the Minor Minerals Act i.e. running a brick kiln without a licence, the maximum punishment is six months which is bailable. It is further submitted that as far as section 379 of the Penal Code is concerned, the brick kiln was situated at land taken on lease and as such it would a technicality to say that an offence under section 379 of the Penal Code is made out. Be that as it may the petitioner, in the event of his arrest or surrender within six weeks, is directed to be released on anticipatory bail in G.O. Case No. 199/2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Sri A.R.Mishra, Judicial Magistrate, Ist Class, Nawadah subject to the conditions laid down under section 438(02) of the Cr. P.C. haque (Sheema Ali Khan, J.)