- (1.) It is submitted by Sri Nilesh Kumar, learned counsel for the petitioner that even taking the allegation on its face value, no case under Section 379 of the Indian Penal Code is made out. At best this is case under Section 67(i) of Jharkhand Minor Mineral Concession Rule, which is bailable. Without giving any finding as to whether offence under Section 379 is made out or not, on the own saying of Sri Nilesh Kumar, this anticipatory bail application is not maintainable. Consequently, as prayed by Sri Kumar, this application is dismissed as withdrawn with liberty to the petitioner to raise all these points in the court below while praying for regular bail.;