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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 188 in The Indian Penal Code
Section 402 in The Indian Penal Code
Section 269 in The Indian Penal Code

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Patna High Court - Orders
Ajit Kumar @ Ajit Kumar Singh vs The State Of Bihar on 17 July, 2013
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No. 29366 of 2013
                  ======================================================
                  Ajit Kumar @ Ajit Kumar Singh Son of Late Mangla Nand Singh, Resident
                  of Village- Nona, P.S. Nalanda, District- Nalanda.
                                                                          .... .... Petitioner
                                                    Versus
                  The State of Bihar
                                                                     .... .... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner       : Mr.
                  For the Opposite Party :     Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
                              AMANULLAH
                                               ORAL ORDER

2. 17-07-2013 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 51 of 2013 registered for offence punishable under Sections 188, 269 and 402 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against him is that he was running a Rice Mill without due clearance of the Bihar State Pollution Control Board which is not permissible. Learned counsel submits that for the same offence a complaint case bearing Complaint Case No. 3 (M) of 2013 has been filed by the Bihar State Pollution Control Board for offence punishable under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981. It is further submitted that in the said matter the petitioner has also approached this Court in C.W.J.C. No. Patna High Court Cr.Misc. No.29366 of 2013 (2) dt.17-07-2013 2/2 10326 of 2013 which is pending and was filed against refusal of No Objection Certificate (N.0.C.). It is further his case that in the event of not getting N.O.C., he shall also shift his unit to some other place in accordance with the Rules and Regulations.

Learned A.P.P. for the State submits that the petitioner was found running his Rice Mill without due to clearance from the statutory pollution control authority.

Considering the facts and circumstances of the case, in the event of his arrest or surrender before the Court below within four weeks from today, the petitioner shall be enlarged on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 51 of 2013, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J.) Anand Kr.