IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33518 OF 2009 1. BARMENSHWAR RAI @ BARMESHWAR NATH RAI @ PARMESHWAR NATH RAI 2. BADRI RAI @ BADRI NATH RAI 3. HARIDWAR RAI @ HARIDWAR NATH RAI ALL SONS OF SRI BALI RAJ RAI, RESIDENT OF VILLAGE CHANDPUR, POLICE STATION PIRPAINTY, DISTRICT BHAGALPUR ………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.34667 OF 2009 1. NEM NARAYAN THAKUR @ PREM NARAYAN THAKUR, SON OF LATE DINESH THAKUR 2. KRISHNADEO RAI, SON OF SRI RAM JANAM RAI BOTH RESIDENT OF VILLAGE CHANPUR, POLICE STATION PIRPAINTY, DISTRICT BHAGALPUR ………………………………………………………………..……………PETITIONERS VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.37146 OF 2009 1. BINOD PANDEY, SON OF RAM PRAVESH PANDEY 2. SHIV SHANKAR PANDEY, SON OF SRI NIWASH RAI 3. SUBHASH RAI, SON OF SRI NIWASH RAI 4. PINTU RAI, SON OF CHORAM RAI 5. SUBH NARAYAN THAKUR, SON OF LATE DINESH THAKUR ALL RESIDENT OF CHANDPUR, POLICE STATION PIRPAINTY, DISTRICT BHAGALPUR ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 05/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners in all these three applications are apprehending their arrest in a case under Sections 379 and 411 of the Indian Penal Code. The allegation is that the petitioners are said to have siphoned off coal belonging to the E.C.L. through 2 children. Annexure-3 is the seizure list which shows that heaps of coal were kept at 40 places in the open filed. Learned Counsel for the petitioners submits that it is unbelievable that anybody stealing the coal will keep it on their properties in order to allow the authorities of the E.C.L. to recover the same. The main reason for filing this case is that the villagers including the petitioners keep protesting against the authorities of the E.C.L. as they use the lands for stocking their coal and do not irrigate the lands which results in diminishing its fertility. Some of the villagers had filed a suit for compensation for diminishing the fertility of their lands which was decreed in the year 2001 which has caused annoyance to the E.C.L. authorities. As far as the allegation of stealing is concerned, I do not think why the E.C.L. authorities cannot fence the coal dump area and take proper care of their stock in order to prevent stealing of coal. Considering the facts that the petitioners are poor persons and the allegations are petty in nature, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Pirpainty Police Station Case No. 74 of 2009 on furnishing bail bonds of Rs. 10,000/- each with two 3 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.. ANAND ( Sheema Ali Khan, J. )