Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42446 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -MALI District- AURANGABAD ======================================================
1. Praveen Kumar, son of Ram Vijay Mahto, resident of village-Saya Parsa, Police Station-Mali, District-Aurangabad (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Mali P.S. Case No.32 of 2017 instituted for the offence under Section(s) 406, 420 Indian Penal Code.
It is alleged that the petitioner was found running brick kiln without obtaining proper licence from Bihar State Pollution Control Board.
It has been submitted in para 9 and 10 of the bail petition that the petitioner has obtained valid registration certificate on 12.01.2017 from the Department and also paid requisite fees online to the Ministry of Environment, Forest and Climate Change, Govt. of India, vide Annexure-2 and 3. In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.42446 of 2017 (2) dt.06-09-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mali P.S. Case No.32 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.