IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1199 of 2009 RAM SWAROOP YADAV Son of Rupan Yadav, Resident of Village- Iguna, P.S. Muffasil, District- Gaya ---------------- Petitioner Versus STATE OF BIHAR ------------------ Opposite Party. ----------- 2. 27.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 379 and 411 of the Indian Penal Code and Section 4 of the Bihar Mining Act. The petitioner is the owner of the tractor which was being utilized for carrying stone chips. Learned counsel appearing on behalf of the petitioner submits that the mining licence was in the name of one Roushan Kumar, number of the tractor belonging to the petitioner has been mentioned in the challan (Annexure-3) granted in the name of the said Roushan Kumar. It is submitted on behalf of the petitioner that the tractor was being utilized by the said Roushan Kumar for the purposes of carrying stone chips and petitioner was not responsible for the mining. Considering the aforesaid facts, petitioner Ram Swaroop Yadav is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of four weeks in connection with Bodh Gaya P.S. Case No. 47/07 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial - 2 - Magistare, Gaya, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)