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Cites 3 docs
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 44 in The Water (Prevention and Control of Pollution) Act, 1974

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Jharkhand High Court
Mukesh Kumar Agarwal vs The State Of Jharkhand And Anr on 4 January, 2016
         IN     THE       HIGH      COURT      OF     JHARKHAND        AT      RANCHI
                             A.B. A. No. 2382 of 2015
         Mukesh Kumar Agarwal                           ..... ... Petitioner
                                     Versus
         1. The State of Jharkhand
         2. Shri Ravindra Prasad, Regional Officer,
           Jharkhand State Pollution Control Board, Ranchi ..... ... Opposite Parties
                                    --------
                CORAM        :   HON'BLE MR. JUSTICE H. C. MISHRA
                                    ------
         For the Petitioner                  :   Mr. Rahul Kumar, Advocate
         For the State                       :   A.P.P.
         For the O.P. No. 2                  :   Mrs. Richa Sanchita, Advocate
                                    --------
11/ 04.01.2016

Heard learned counsel for the petitioner, learned A.P.P. for the State as also learned counsel for the O.P. No. 2.

The petitioner is apprehending his arrest in connection with G. (L.E.O.) Case No. 144 of 2013, for the alleged offences under Section 37-A of the Air (Prevention and Control of Pollution) Act and Section 44 of the Water (Prevention and Control of Pollution) Act.

The petitioner is the Director of M/s. Vishal Sponge Iron (Pvt.) Ltd., which was granted consent by the Pollution Control Board for installation of a factory having the production capacity of 2 x 25 tons per day (TPD), but it is alleged that the company had installed the factory having the production capacity of 2 x 50 (TPD).

In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Mukesh Kumar Agarwal. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Hazaribag, in connection with G. (L.E.O.) Case No. 144 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( H. C. Mishra, J.) Amitesh/-