Santosh Mahto @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78082 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== SANTOSH MAHTO @ SANTOSH SAH Son of Awadh Bihari Prasad Singh Resident of Village - and P.o.- Sahpur, P.S.- Dawath, Distt.- Rohtas, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudama Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2021 Heard Sri Sudama Singh, learned counsel for the petitioner and Sri Aditya Narayan Singh I learned APP for the State.

Petitioner is seeking anticipatory bail in Suryapura P.S. Case no. 57 of 2019 registered for the offence punishable under sections 4(1), 2(K) and 40 of the Bihar Gaun Kharuj Samanudan Niyamawali, 1972 read with section 15 of Environment Protection Act, 1986.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant has alleged that petitioner and others were manufacturing bricks in session 2018-19 without depositing his ownership and without taking permission.

Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.78082 of 2019(5) dt.26-10-2021 2/2 at para 9 of bail application petitioner is neither owner of any brick-kiln nor ran any brick-kiln and he does not deal with the business of brick-kiln and has been falsely implicated in this case. Earlier this court by order dated 18.02.2020 pleased to grant provisional bail to the petitioner in the aforesaid case. Learned APP vehemently opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case in its totality, provisional bail granted to the petitioner by order dated 18.02.2020 is hereby confirmed.

(Satyavrat Verma, J) s.hassan/- U T