In the High Court of Jharkhand at Ranchi

                  A.B.A.No.319 of 2016

          Basudeo Sao, son of Ghaman Sao,
          resident of village & P.O. Barwan,
          P.S.Barkatha, Dist-Hazaribagh .................Petitioner

                        VERSUS

          The State of Jharkhand .......................Opposite Party

          CORAM: HON'BLE MR. JUSTICE ANANDA SEN

          For the Petitioner : Mr.K.K.Srivastava
          For the State      :A.P.P

2/   09.5.16

. The petitioner has been apprehending his arrest in connection with Barkatha P.S. Case no.47 of 2013 corresponding to G.R.No.704 of 2013 registered under Section 379 of the Indian Penal Code and also under Section 4 and 21 of the Pollution Control Act as well as under Section 33 of the Indian Forest Act.

Learned counsel appearing for the petitioner submits that the petitioner has been made accused on the basis of suspicions. He further submits that no witness has come forward to say that the said stone crusher belong to the petitioner, but in the investigation no local villagers have been examined; that the offence under Section 379 of the Indian Penal Code and Section 4, and 21 of the Pollution Control Act is not attracted against the petitioner; that the petitioner has no concern with the said stone crusher, neither he is involved in any illegal mining or claims the bounders or stone chips.

Learned counsel appearing for the A.P.P while opposing the prayer for bail of the petitioner, has admitted that no independent witnesses have come forward to say that the said crusher was being run by the petitioner.

In the facts and circumstances of the case, since some of the co-accused have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner, namely, Basudeo Sao. Accordingly, it is directed that in the event of surrender/arrest, the petitioner above named shall be released 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 Barkatha P.S. Case no.47 of 2013, corresponding to G.R.No.704 of 2013, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner will co-operate in the investigation, failing which the Investigating Officer will be at liberty to approach the Court for cancellation of the bail.

( Ananda Sen, J.) ND/