IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11779 of 2009 MOTI LAL RAI,son of Balak Rai,resident of village-Chhipuliya,P.S.-Baruraj,District- Muzaffarpur. Versus STATE OF BIHAR ----------- 02/ 21-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that it is a simple case of running a business of brick-kiln without payment of revenue but running of the same is denied. Petitioner is claiming that no revenue can be imposed upon him in running any business. The informant has filed certificate case for the same and hence no criminal liability lies against him. Criminal liability may also be fixed but not under Section 379 of the Penal Code. In any case, in my view also, petitioner’s arrest cannot be justified at the moment. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Baruraj P.S.Case No.76/2001, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M.(West), Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )