Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62035 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- BIKRAM District- Patna ====================================================== 1.

ARUN KUMAR SINGH Son of Late Devcharan Singh 2.

Mukesh Kumar Singh @ Mukesh Kumar Sinha Son of Raj Nandan Singh @ Raj Nandan Singh Bothg are Residents of Village - Painapur, P.S.- Bikram, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 The petitioners apprehend their arrest in connection with Bikram P. S. Case No. 117 of 2019 registered under Sections 379,420,467 and 468 of the Indian Penal Code, Sections 4, 21(a), 22, 26(a), 27, 33(2) and 40 of the Bihar Minor Mineral Concession Rules, 1972 and 15 of the Environment Protection Act, 1986.

Allegation against the petitioners is that petitioners without having valid licence to run brick-kiln, were indulged in running of the same and were digging the soil from the earth for that purpose.

Learned counsel appearing on behalf of the petitioners submits that as per provisions of law, a fine of Rs. 79,000/- has been realised from the petitioner no. 2 and a sum of Rs. 80,500/-

Patna High Court CR. MISC. No.62035 of 2019(2) dt.17-10-2019 2/2 has been realised from petitioner no. 1 by the District Mining Officer, Patna. He further submits that the aforesaid payments were deposited by the petitioners on 31.08.2019 after lodging of the FIR which contains the penalty amount as mentioned in page 15 and onward of this petition. Learned counsel submits that petitioners have already applied for the licence for running brick-kiln.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioners have already deposited the amount as fixed under the law, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Danapur in connection with Bikram P.S.Case No. 117 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U