IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No.2460 of 2015

    1.       Rajiv Ranjan, S/o Shri Ramvir Singh, R/o Village -
             Shivpuri Colony (Manpur), P.O. & P.S. - Manpur,
             District - Gaya (Bihar)
    2.       Abhay Shankar Kumar, S/o Shri Kedar Nath Singh,
             R/o Shaheed Road, Near Paradise Cinema Hall, P.O.
             & P.S. - Kotwali, District - Gaya (Bihar)
    3.       Siyakant Sharma, S/o Late Birendra Sharma, R/o
             Village - Pirijpura, P.O. & P.S. - Sakurabad, District
             - Jehanabad (Bihar)                .....    Petitioners

                             Versus

    The State of Jharkhand                         .....       Opp. Party

                                  ---------

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

---------

    For the Petitioners      : Mr. P. S. Dayal, Advocate
    For the State            : A.P.P
                                 ---------

02/Dated: 18th August, 2015

Heard learned counsel for the petitioners and learned A.P.P.

2. Petitioners are apprehending their arrest in connection with the case registered under Sections 379 of the Indian Penal Code read with Section 4, 21 of the Pollution Control Act and Section 33 of the Indian Forest Act.

3. Learned counsel, for the petitioners, has submitted that the petitioners have been made an accused on the basis of suspicion. That no witness has come forward to say that the said stone crusher belonged to these petitioners. It is stated that local villagers had disclosed the name of the petitioners, but in investigation no local villagers have been examined. That the offence under Section 379 of the Indian Penal Code and Section 4, 21 of the Pollution Control Act are not attracted against these petitioners. That the petitioners have no concern with the said stone crushers. It is submitted that on the similar allegation, co-accused have been granted anticipatory bail vide order dated 11.03.2014 passed in A.B.A. No.5138 of 2014.

- 02 -

4. Learned A.P.P while opposing the prayer for bail of the petitioners, has conceded that no independent witnesses have come forward to say that the said crusher was being run by these petitioners.

5. It is evident that the informant has not prepared any seizure list of the alleged boulders and chips and no independent witnesses have been examined neither the plot number of the land is mentioned, thus, in the facts and circumstances of the case, the above named petitioners are directed to surrender in the Court below within two weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Hazaribag in connection with Barkatha P.S. Case No. 47 of 2013 corresponding to G.R. No. 704 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that if the process under Section 82 Cr.P.C has been issued by the trial court then the prayer for bail of the petitioners shall be considered on merit.

(AMITAV K. GUPTA, J.) Chandan/-