Patna High CourtCR. MISC./44521/2017bail granted

Sanjay Kumar Singh v. The State Of Bihar

2017-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44521 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KUTUMBA District- AURANGABAD ====================================================== Sanjay Kumar Singh, Son of Baliram Singh, Resident of Village- Jharha, P.S. Kutumba, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code and under Section 40 Bihar Minor Minerals Act, 1972.

The present FIR was lodged on 21.04.2017 with allegation that the petitioner was running a brick kiln without proper permission of the authority. Learned counsel for the petitioner submits that the petitioner had already applied for such permission alongwith requisite fee on 03.03.2016 itself vide Annexure-3 series and has already obtained pollution clearance certificate vide Annexures-2 and 2/A. The prayer of the petitioner was never refused by the authorities and they did not grant permission within time

Patna High Court Cr.Misc. No.44521 of 2017 (2) dt.19-09-2017 for extraneous consideration.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad /successor Court in connection with Kutumba P.S.Case No.53 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T