IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12883 of 2009 TULSI SAH, son of Shri Puna Sah, resident of Village- Amara Talab, P.S. Sasaran, District- Rohtas. . . . . . . . Petitioner. Versus STATE OF BIHAR ----------- 2/ 25.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 40 of the Bihar Minor Mineral Concession Rules, 1972 and Section 379 of the Penal Code. It is submitted on his behalf that prior to issue of Warrant of Arrest against him on 16.05.2008, summon was never served on him, which would appear from the records of the court below. Let the petitioner above named surrender in the court below within four weeks from the date of receipt of this order in the court below and if it is true that the summons issued in the light of the prosecution report earlier if not served on the petitioner he (Tulsi Sah) be admitted to the privilege of bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri Jitendra Kumar, Judicial Magistrate, 2nd Class, Rohtas at Sasaram in connection with Official Case No. 55 of 2002, subject to the conditions as laid down under Section 438(2) of Cr.P.C. but if the summons have already been served, this order need not be given effect to. Uday/ (V. N. Sinha, J.)