Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1877 of 2018 Arising Out of PS. Case No.-10 Year-2017 Thana- SIMRA District- Aurangabad ====================================================== Uma Shankar Singh, Son of Kamta Singh, Resident of Village - Renganiya Manjhauli, P.S. - Mali, Distt. - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. ANIL PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the IPC.

The accusation against the petitioner is that in spite of directive of the State Pollution Board, the petitioner was running the brick kiln. On 27.04.2017, during the surprise inspection, it was found that the brick kiln was being run without following the standard norms prescribed by the State Pollution Board. It is submitted by learned counsel for the petitioner that without verifying the documents, the FIR has been lodged. The petitioner's brick kiln is duly registered and the petitioner has

Patna High Court Cr.Misc. No.1877 of 2018(2) dt.17-01-2018 2/3 made payment of all fee and taxes under the law. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that co-accused, Vijay Yadav has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, vide order dated 16.11.2017, passed in Cr. Misc. No. 48227 of 2017, as contained in Annexure-3. Learned APP submits that the petitioner was found running brick kiln illegally.

Considering the nature of accusation and the fact that the petitioner is ready to comply all the conditions prescribed under the law for running the brick kiln, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-III, Aurangabad in connection with Simra P.S. Case No. 10 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. The bail bonds of the petitioner shall be accepted by the learned court below on production of the documents by the petitioner that the brick kiln of the petitioner was duly registered

Patna High Court Cr.Misc. No.1877 of 2018(2) dt.17-01-2018 3/3 on the date of inspection.

(Dinesh Kumar Singh, J) Amrendra/- U T