IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.60887 of 2017
                       Arising Out of PS.Case No. -64 Year- 2017 Thana -M ALSALAM I District- PATNA
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                 1. Tufani Prasad Yadav, Son of Sri Narir Rai, Proprietor of Sarwashri
                    Radha Briks, Kaimasiko, Patnacity, P.S. Malsalami, District-Patna.
                 2. Rakesh Kumar, Son of Sri Vimal Rai, Proprietor Sarwashri Radha
                    Briks, Pirdamariya Ghat, Patnacity, P.S. malsalami, District-Patna.

                                                                                  .... ....   Petitioners
                                                        Versus
                 The State of Bihar
                                                                  .... .... Opposite Party
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                 Appearance :
                 For the Petitioner/s     : Mr. Sanjeet Kumar
                 For the Opposite Party/s : Smt. Anusuiya Jaiswal
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                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

2 14-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Malsalami P.S. Case no. 64 of 2017, registered under Sections 268, 270, 278, 308 and 326 of the Indian Penal Code.

The accusation is that in spite of publication of notice in the Newspapers regarding converting the brick kiln into cleaner technology, the brick kilns of the petitioners were found running without following the procedure under Section 21 of Air (Prevention and Control of Pollution) Act, 1981.

Learned counsel for the petitioners submits that both the petitioners are proprietors of Sarwashri Radha Bricks, Kaimasiko, Patnacity and Sarwashri Radha Bricks, Pirdamariya Ghat, Patnacity. Patna High Court Cr.M isc. No.60887 of 2017 (2) dt.14-12-2017 2/2

Further submission is that while by the advertisement in the Newspapers, initially the brick-kilns was to be converted into cleaner technology for running the same without Air Pollution till 31 st August, 2017, which would appear from the News Items (Annexure-2), but later on the time was extended upto 31.08.2018. On the publication of the Notice by the Member Secretary, Bihar State Pollution Control Board, the petitioners applied application for converting their brick- kilns into cleaner technology before the Board.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1 st Class, Patnacity, Patna in connection with Malsalami P.S. Case No. 64 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

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