IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45208 of 2010 1. JAI MANGAL PRASAD 2. RAM LAL PRASAD --- PETITIONERS. Versus THE STATE OF BIHAR . --- OPP. PARTY ----------- 02 26.03.2011 Heard both sides. Two petitioners herein have been charged of having committed offence punishable under Sections 379, 420 of the Penal Code and Section 40 of the Bihar Minor Mineral Concession Rule 1972. As per allegation, several persons were found by the informant running brick kiln without getting their licenses renewed after depositing fee therefor. It appears that petitioners are licensee within the Rules. Referring to Annexure-2, it is submitted that petitioner no.2, namely, Ram Lal, subsequently deposited a sum of Rs. 52,000/- (Fifty two thousand) with the Department towards renewal of fee. Learned counsel for the petitioner has also handed in a copy of challan showing deposit of a sum of Rs. 52,000/- on behalf of petitioner no.2 on 17.08.2009, the same is kept on record marked ‘X’. It is next contended that similarly placed two other co-accuseds, namely, Kapil Deo Prasad and Jai Kishore Rai have since been privileged with anticipatory bail by this Court vide order dated 01.10.2010, passed in Cr. Misc. no. 30032 of 2010 (Annexure- 3). 2 In the facts and circumstances of the case, let petitioners, named above, in the event of their arrest or surrender before the Court below within a period of 04 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with (Motihari Muffasil P.S. case no. 150 of 2009), subject to the condition as laid down under Section 438(2) of the Cr. P.C. It is made clear that one of the bailors shall be the own/close family member of the petitioners. Sym/ ( Kishore K. Mandal, J.)