Anil Dubey @ Pro. Sri Anil Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2969 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- TILAUTHU District- Rohtas ====================================================== Anil Dubey @ Pro. Sri Anil Dubey S/O- Kapi Dubey R/O Village - Bhadokhra, P.S.- Tilauthu, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manoj Abast (Assistant Director Mines) S/o Awadhesh Kumar Singh R/o Mohalla- Anandpuri, P.S.- Krishnapuri, Distt- Patna at present mines, Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Tripathy, Advocate For the Mines Deptt : Mr. Naresh Dikshit, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Tilauthu P.S. Case No. 77 of 2019, registered for the offence punishable under Section 15 of the Environment (Protection) Act, 1986. It is submitted that petitioner has falsely been implicated in this case. Petitioner has valid license for running brick-kiln earlier. Similarly situated co-accused has been granted bail by a coordinate Bench of this court vide order dated 11.12.2019 passed in Cr. Misc. No. 81491 of 2019. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the

Patna High Court CR. MISC. No.2969 of 2020(2) dt.28-02-2020 2/2 court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with Tilauthu P.S. Case No. 77 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T