IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.2186 OF 2010 1. UPENDRA SINGH, SON OF DUDHNATH SINGH 2. BALA JEE MAHTO, SON OF RAMASHISH SINGH 3. JOKHAN MAHTO, SON OF KHADERAN MAHTO ALL RESIDENT OF VILLAGE GOPI BIGHA, POLICE STATION DEHRI, DISTRICT ROHTAS ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 21/01/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Section 379 of the Indian Penal Code and Sections 8 (GA), 8 (DHA) and 8 (DA) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. The allegation against the petitioners is that they had indulged in illegal mining without a license by utilizing a crusher machine. Learned Counsel for the petitioners submits that no seizure has been made to indicate that the petitioners were in possession of a crusher machine. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of six weeks from today in Official Case No. 72 of 2004 on furnishing bail bond of Rs. 10,000/- 2 (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram if the petitioners are not accused in any case of similar nature subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)