IN THE HIGH COURT OF JHARKHAND AT RANCHI
             A.B. A. No. 572 of 2014

1. Manoj Kumar
2. Santosh Kumar                                       ...... Petitioners
                         Versus
The State of Jharkhand                         ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioners        :  Mr. Prabhat Kr. Sinha, Advocate
For the State              :  A.P.P.
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04/Dated: 13th March, 2014

Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are apprehending their arrest in connection with the case registered under Sections 21 of the Mines & Mineral (Development & Regulation) Act, 1957, Section 21 of the Air Pollution Act, 1981 and Section 25 and 26 of the Water Pollution Act, 1974 .

Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case; that the petitioner No.2 is a sleeping partner of the alleged brick kiln; that the petitioner No.1 had deposited the royalty amount of Rs. 45,658/- as per Annexure-2 and the same was accepted by the District Mining Officer as per Annexure-2/1; that he had also applied for obtaining the N.O.C to the Pollution Control Board, which was also received on 10.09.2012; that the petitioners have not violated any provisions under the Pollution Control Act or under the Jharkhand Mines & Mineral (Development & Regulation) Act; that they have been implicated with an ulterior motive.

Learned A.P.P while opposing the prayer for bail of the petitioners, has submitted that as per Annexure-2/1 shows that the petitioner No.1 had deposited the royalty amount after lodging of the F.I.R. and N.O.C. has not been granted by the Pollution Control Board.

Considering the fact that amount was deposited by the petitioner after lodging of the F.I.R and there is no N.O.C. from the Pollution Control Board for the brick kiln, I do not find it to be a fit case for granting bail to the petitioner No.1. Accordingly, the anticipatory bail application of the petitioner No.1, namely, Manoj Kumar is hereby rejected.

Petitioner No.1 is directed to surrender in the Court below in connection with Katkamsandi (Pelawal O.P.) P.S. Case No. 53 of 2013, corresponding to G.R. No. 709 of 2013, pending in the Court of Judicial Magistrate, 1st Class, Hazaribagh and Court below shall consider that the petitioner No.1 had deposited the royalty amount and had also applied for N.O.C. to the Pollution Control Board and pass necessary order without being prejudiced.

So far as the petitioner No.2 is concerned, it is evident that he is a sleeping partner of the said brick kiln, the petitioner No.2, namely, Santosh Kumar is directed to surrender in the Court below within two weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the him 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 Judicial Magistrate, 1st Class, Hazaribagh in connection with Katkamsandi (Pelawal O.P.) P.S. Case No. 53 of 2013 corresponding to G.R. No. 709 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Amitav K. Gupta, J.) Satayendra/­