Arbind Prasad Singh @ Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44622 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -MARANCHI District- PATNA ====================================================== Arbind Prasad Singh @ Arbind Singh son of Late Ramotar Singh resident of village + P.O. + P.S. - Maranchi, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. P.Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Maranchi P. S. Case No. 40 of 2015 registered under Sections 379/34, 420 and 406 of the Indian Penal Code as well as Sections 4 and 26(a) of the Bihar Minor Mineral Concession Rules, 1972. According to the prosecution case, the petitioner was found running a brick-kiln without obtaining licence in this regard from the Mining Department.

It is contended that the petitioner was a licence during the financial year 2013-14 and as his application for grant of no objection certificate from the Bihar State Pollution Control Board was rejected, he had closed the brick-kiln during the financial year

Patna High Court Cr.Misc. No.44622 of 2015 (2) dt.14-10-2015 2/2 2014-15. It is further contended that there is no evidence to show that the bricks kept at the brick-kiln, were manufactured during the financial year 2014-15.

Learned counsel for the State has opposed the application of the petitioner filed under Section 438 of the Code of Criminal Procedure.

Be that as it may, taking into consideration the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in Maranchi P. S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T