IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46783 of 2008 1.PARAS PRASAD son of Ramesagar Mahato, resident of Village Hemara P.S.Khijarsarai Dist.Gaya. Versus STATE OF BIHAR ----------- 2 9.2.2009. Heard counsel for the petitioner and the State. Offence alleged in the F.I.R. of Khizarsarai P.S.Case no.27 of 2008 relates to Sections 379,405 of the Indian Penal Code and section 4/40 of Bihar Mines & Mineral Rules 1972. Counsel for the petitioner submits that at present no brick kiln is running at the alleged place. F.I.R. is vague. In the F.I.R. it is not mentioned that what is period of allegation, who are the owners of brick kiln and what is the amount of tax not paid. In case there is any dues of tax it can be realized through certificate proceeding as provided under Mines and Mineral Rules. Considering the aforesaid fact, prayer for anticipatory bail is allowed. The petitioner namely Paras Prasad is directed to surrender before the C.J.M.Gaya within four weeks from today and on his so surrendering he shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M.Gaya in connection with Khizarsarai P.S.Case no.27 of 2008 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, J)