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Cites 6 docs - [View All]
Section 379 in The Indian Penal Code
Section 420 in The Indian Penal Code
Section 411 in The Indian Penal Code
Section 15 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973

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Patna High Court - Orders
Ashok Lal & Anr vs State Of Bihar & Anr on 26 September, 2018
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.50706 of 2018
                     Arising Out of PS.Case No. -145 Year- 2018 Thana -BARUN District- AURANGABAD
                 ======================================================
                 1. Ashok Lal, S/o Kanhai Lal, R/o Electricity Supply Division, P.S.-
                    Barun, District- Aurangabad.
                 2. Sundal Kumar, S/o Dev Narayn Singh, R/o Village- Pipra, P.S.- Barun,
                    District- Aurangabad (Bihar).

                                                                              .... ....   Petitioner/s
                                                      Versus
                 1. The State of Bihar.
                 2. The Principal Secretary cum Commissioner Department of Mines and
                    Geology, Government of Bihar, Patna.

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s  : Smt. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                 ORAL ORDER

2 26-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379/411/420/34 of the Indian Penal Code, Section 4/40 of the Bihar Mines and Ninerals Concession Rules, 1972 and Section 15 of the Prevention of Pollution Act, 1986.

Sand was found loaded on the tactors of the petitioners without any license or authority. Petitioners have stated on oath that they have got no criminal antecedent. The same is purchased from the bona fide licensee. However, no Patna High Court Cr.M isc. No.50706 of 2018 (2) dt.26-09-2018 P2/ receipt was supplied.

Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barun Police Station Case No. 145 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that if the petitioners would indulge in such activity in future that would be a ground of cancellation of bail-bonds of the petitioners.

(Birendra Kumar, J) Mkr./-

U      T