IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45753 of 2008 Rajballabh Yadav, S/O Bharat Yadav, R/O Village- Panda Bigha, P.S. Belaganj, District- Gaya. -----Petitioner. -Versus- The State of Bihar…………………………………Opposite Party. -With- Cr.Misc. No.52947 of 2008 Sanjay Singh @ Sanjay Kumar, Son of Late Bhagwan Singh, R/O Village- Ramnandan Bigha, P.S. Belaganj, District- Gaya. ----Petitioner. -Versus- The State of Bihar…………………………………Opposite Party. ----------- 2. 3.2.2009. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with Belaganj P. S. Case No.81 of 2001 registered for offences under Section 40 of the Bihar Minor Mineral Concession Rules and Section 379 of the Indian Penal Code. Counsel for the petitioners submits that filing of the criminal case on the basis of the police report itself is without jurisdiction. Even if the petitioners were liable to pay any royalty or tax under the Bihar Minor Mineral Concession Rules,1972 it could have been realized by initiating a certificate proceeding or steps could have been taken under Rule 40 of the Bihar Minor Mineral Concession Rules. Considering these facts, the prayer for Anticipatory bail on behalf of Rajballabh Yadav in (Cr. Misc. No. 45753 of 2008) and Sanjay Singh @ Sanjay Kumar in ( Cr. Misc. No. 52947 of 2008) is allowed. In the event of arrest or surrender within four weeks from today, the petitioners Rajballabh Yadav in ( Cr. Misc.No. 45753 of - 2 - 2008) and Sanjay Singh @ Sanjay Kumar in (Cr. Misc.No. 52947 of 2008) are directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya in connection with Belaganj P.S. Case No.81 of 2001 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)