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Cites 5 docs
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 379 in The Indian Penal Code
Section 34 in The Indian Penal Code
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973

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Jharkhand High Court
Krishna Gope And Ors vs The State Of Jharkhand on 19 November, 2015
      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      A.B.A. No. 3511 of 2015
1. Krishna Gope
2. Kartik Gope
3. Hindu Sanga @ Piyus Sanga ....           Petitioner(s)
                                  Versus
State of Jharkhand                     ...  Opposite Party

Coram :                HON'BLE MR. JUSTICE RAVI NATH VERMA

For the petitioner (s): Mr. Gaurav
For the opposite party : Addl.P.P.

19.11.2015

Apprehending their arrest in connection with Khunti PS case No. 127 of 2015 registered under sections 379/34 of the Indian Penal Code, section 4(1) of the MMRD Act, 1957, section 54 of the Jharkhand Minor Minerals Concession Rules, 2004, and section 21 of the Air (Prevention and Control of Pollution Act, the petitioners have moved this Court for grant of anticipatory bail .

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

The case relates to illegal mining of stones near the forest area and after seeing the Government vehicle, the labourers working in the field fled away and on enquiry from local persons, names of these petitioners have come to light.

It is submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case and the informant has nowhere disclosed the source from whom they knew the names of these petitioners. It is also submitted that the petitioners have no criminal antecedents. Hence the petitioners deserve the privilege of grant of anticipatory bail.

Learned counsel representing the State opposed the prayer.

Having regard to the submissions of the learned counsel and the fact that there is no specific allegation of illegal mining against these petitioners, I am inclined to grant the privilege of anticipatory bail to the petitioners .

Accordingly, all the three petitioners above named, in the event of their arrest or surrender before the court below within a period of two weeks positively from the date of this order, shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Khunti, in connection with Khunti PS Case No. 127 of 2015 (GR No. 376 of 2015), subject to the conditions laid down under section 438(2) Cr.P.C.

Ambastha/-                                          ( R.N.Verma, J. )