IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.21601 of 2012
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                 1. Atiqur Rahman S/O Fazlur Rahman M/S North Bihar Leather Industries,
                 Industrial Area Bela, P.S. Bela, District - Muzaffarpur
                 2. Ajazur Rahman S/O Fazlur Rahman M/S North Bihar Leather Industries,
                 Industrial Area Bela, P.S. Bela, District - Muzaffarpur

                                                                     .... ....   Petitioner/s
                                                 Versus
                 1. The State Of Bihar

                                                               .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     : Mr. Irshad Ahmad Khan, Advocate.
                 For the Opposite Party/s   : Mr. Nawin Kumar Pandey, A.P.P.
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                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

2 13-06-2012 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with a case in which cognizance has been taken for the offence punishable under Section 15 of the Environment (Protection) Act, 1986 as well as section 44 of the Water (Prevention and Control of Pollution) Act.

It is stated that the petitioners have committed no offence. Petitioner no.1 happens to be proprietor and petitioner no.2 is the Manager of the industry in question. Earlier the Proprietor of the North Bihar Leather Industries was one Abulain Ansari who sold the industry to petitioner 2 Patna High Court Cr.Misc. No.21601 of 2012 (2) dt.13-06-2012 2/3 no.1 on 22.5.2004 and after purchasing the said industrial unit petitioner no.1 established his own pollution and control treatment plant and applied before the Bihar State Pollution Control Board, Patna for consent under Section 21 of the Air (Prevention and Control of Pollution) Act on 14.3.2005. The Bihar State Pollution Control Board, Patna has granted permission in favour of petitioner no.1 on 21.10.2011 for a period of five years from 7.9.2011 to 6.9.2016.

Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the abovenamed petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate (Spl. J.M.), Patna in connection with Complaint Case No. 7(M) of 2005 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) 3 Patna High Court Cr.Misc. No.21601 of 2012 (2) dt.13-06-2012 3/3 That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they wants to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court.

Vinay/-                                     (Ashwani Kumar Singh, J)