Patna High CourtCR. MISC./35315/2017bail granted

Murari Prasad v. The State Of Bihar

2017-08-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35315 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -DHIBRA District- AURANGABAD ====================================================== Murari Prasad, Son of Late Mahadeo Sao, R/o Village- Baluganj, P.S.- Dhibra, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : Mr. Sri Umeshnand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Dhibra P.S. Case No. 07 of 2017, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code read with Section 40 Bihar Minor Minerals Act, 1972. Allegedly, the petitioner and others were running brick kilns without any proper license and no objection certificate from the respective departments.

Submission is of false implication and that the petitioner has obtained no objection certificate and he has deposited proper fee or license fee also vide Annexures 2 and 3 series. The petitioner was not running bricks kilns without paper

Patna High Court Cr.Misc. No.35315 of 2017 (2) dt.11-08-2017 2/2 and in hurry the case has been lodged and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. after going through Annexures 2 and 3 series fairly submits that N.O.C. from the Bihar State Pollution Control Board has been obtained and for the year 201617 proper license fee has also been deposited. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Aurangabad, in connection with Dhibra P.S. Case No. 07 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U