IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24596 of 2010 KEDAR SINGH & ANR Versus STATE OF BIHAR ----------- 2. 04.08.2010 Heard learned counsel for the petitioners and the State. The petitioner no. 1 being aged about 70 years is apprehending arrest in a complaint case in which cognizance has been taken under Sections 4, 26(A), 40 of the Bihar Mines and Minerals Concession Rules, 1972 and Section 405 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that no notice was ever issued to the petitioner nor the petitioners indulge in the business of brick manufacturing and maliciously the present complaint case has been filed. Whereas there is a procedure under the Bihar Mines and Minerals Concession Rules, 1972 for levying of the tax/fee for use of mines and minerals. Considering the nature of allegation, let the petitioners, namely, (1) Kedar Singh (2) Shailendra Kumar in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the 2 like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 276C.2/07, subject to the condition as laid down under Section 438(2) Cr.P.C. The grant of anticipatory bail will not preclude the authorities of mining department to proceed in accordance with law and the provisions of Bihar Mines and Minerals Concession Rules, 1972. Anand Kr. ( Dinesh Kumar Singh, J.)