IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32862 of 2010 UMESH KUMAR @ MASTERJI Versus STATE OF BIHAR with Cr.Misc. No.32919 of 2010 BHANU SINGH Versus STATE OF BIHAR ----------- 02/ 29.10.2010 Cr. Misc.No.32862/2010 filed on behalf of petitioner Umesh Kumar @ Masterji and Cr. Misc. No. 32919/2010 filed on behalf of Bhanu Singh are taken up together as both the above stated cases have arisen out of Chandi P.S. Case no. 44/2010 registered under sections 420,379 IPC and section 2(ii), 5 of the Damage to Public Property Act and, accordingly, both the above stated miscellaneous cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. It would appear from FIR that some overloaded trucks were intercepted by the informant. So far as petitioners are concerned, it is said that they were settlees of river sand and at their instance, the sands were loaded on the aforesaid trucks. Learned counsel for the petitioners submits that section 2(ii), 5 of damage to Public Property Act does not apply to the fact of the instant case and similar position is of sections 420 and 379 IPC. He points out that the drivers of the said trucks have already been released on bail by learned CJM as the said drivers produced valid and relevant documents before the learned CJM at the time of consideration of the bail application. 2 Regard being had to the facts and circumstances of the case as well as submissions of the parties, this anticipatory bail are allowed and it is ordered that the above stated petitioners, in the event of their arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Chandi P.S. Case no.44 of 2010 on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the CJM, Bhojpur at Ara subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))