Patna High CourtCR. MISC./41596/2017bail granted

Anjani Kumar v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41596 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Anjani Kumar, S/o Late Gaya Prasad Singh, resident of Village- Pathraur, P.S.Haspura, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Haspura P. S. Case No. 75 of 2017 registered under Sections 406 and 420 of the Indian Penal Code & Section 40 of Bihar Minor Minerals Concession Rules, 1972.

Allegation against the petitioner is that he was running a brick kiln without licence and without obtaining no objection certificate under the Air (Prevention and Control of Pollution) Act, 1981.

Learned counsel for the petitioner has submitted that the petitioner was running his brick kiln in proper manner and

Patna High Court Cr.Misc. No.41596 of 2017 (2) dt.19-09-2017 2/2 after fulfilling all the required formalities. He has submitted that the ingredients of the offence punishable under Sections 406 and 420 of the Indian Penal Code are not attracted in the present case.

Regard being had to the nature of allegation, 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 leaned SDJM, Daudnagar, District- Aurangabad in Haspura P. S. Case No. 75 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

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