Sunil Kumar Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.40067 of 2017 (2) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40067 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Sunil Kumar Mehta, S/o Late Janeshwar Mehta, R/o Village - Jogia, P.S. - Barun, Dist. - Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 67 of 2017 registered under Sections 406 and 420 of the Indian Penal Code and Section 40 of the Bihar Mines Act.

The accusation is that in spite of giving direction to owners of brick kiln to close the brick kiln which were running without obtaining the "No Object Certificate" to pollution Department and without depositing the other required fees, the four brick kilns including the petitioner‟s brick kiln were found running.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.40067 of 2017 (2) dt.18-09-2017 petitioner has deposited the required fees to the concerned department and had also applied for „No Objection Certificate" fulfilling all requirements to the pollution department but certificate has not been issued by pollution department. As such, the petitioner has falsely been implicated in this case also. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 67 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T