IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51163 of 2008 Ram Gulam Yadav, Son of Basudeo Yadav, resident of village-Moula Nagar, P.S.-Ariari, District-Sheikhpura. ..........Petitioner. Versus THE STATE OF BIHAR. .............Opp. Party. ----------- 3/ 10.08.2009 Heard learned counsel appearing for the petitioner and the State. Petitioner is not named in the FIR, simply on the basis of suspicion he has been made an accused as he is settlee of plot no. 1810 (part). In the FIR, it has been alleged that settlees, who have not deposited the installments, were making excavation. Counsel for the petitioner submits that no one has seen the petitioner at the spot. Rule 40 of Bihar Minor Mineral Concession Rules, 1972 is not penal. Petitioner being settlee no offence under Section 379 of IPC is made out. Considering the aforesaid facts, prayer for anticipatory bail on behalf of the petitioner namely, Ram Gulam Yadav is allowed and in the event of his arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of the Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No. 92 of 2007 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Mridula Mishra, J.)