IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34981 of 2010 1. MUNNA YADAV SON OF LAXMI YADAV 2. GANESH YADAV @ GANESH PD. YADAV SON OF RAJ KISHORE YADAV BOTH RESIDENT OF VILLAGE MANIHARI RAILWAY COLONY, P.S. MANIHARI DISTRICT KATIHAR. 3. BACHA SINGH @ BACHHA LAL SINGH SON OF LATE RAJ KUMAR SINGH 4. GANESH GUPTA @ GANESH KUMAR GUPTA SON OF RAMESHWAR PRASAD GUPTA BOTH RESIDENT OF MANIHARI, P.S. MANIHARI, DISTRICT KATIHAR. 5. NAIMUL ANSARI SON OF LATE JULLU RAHMAN RESIDENT OF WEST TOLA, MANIHARI, P.S. MANIHARI, KATIHAR. 6. MOJAMIL @ MUJJAMIL SON OF MD. AMINUDDIN RESIDENT OF KARHAGOLA, P.S. BARARI DISTRICT KATIHAR. 7. KAILAS YADAV @ KAILASH PD. YADAV SON OF ALTE TAPESHWAR YADAV RESIDENT OF VILLAGE BAGHMARA, P.S. MANIHARI, DISTRICT KATIHAR. Versus THE STATE OF BIHAR . ----------- 3 21/12/2010 All these petitioners are apprehending their arrest in Manihari P.S.Case No. 98/2010 under sections 413 and 414/34 of the Indian Penal Code and section 4/40 of the Bihar illegal Mining Rules. Stand of the learned Senior Counsel representing the petitioners is that there is no evidence or any F.I.R. lodged for theft of any article by any authority. This was a bonafide transaction of stone chips for construction purposes and there are documents available which were - 2 - produced before the I.O. Only ground for rejecting the anticipatory bail of the petitioners is that those documents are yet to be verified. Looking at the circumstances and the materials, let petitioners (1) Munna Yadav, (2) Ganesh Yadav @ Ganesh Prasad Yadav, (3) Bacha Sigh @ Bachha Lal Singh, (4) Ganesh Gupta @ Ganesh Kumar Gupta, (5) Naimul Ansari, (6) Mojamil @ Mujjamil and (7) Kailas Yadav @ Kailash Pd. Yadav, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Manihari P.S. Case No. 98 of 2010 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. AMIN/ (Ajay Kumar Tripathi, J.)