IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.63060 of 2017
                       Arising Out of PS.Case No. -64 Year- 2017 Thana -M ALSALAM I District- PATNA
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                 1. Nagendra Kumar, Son of Binda Rai, Resident of Hira Nand Ki Gali,
                 Police Station- Chowk, Patnacity, District- Patna.

                                                                                 .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar.

                                                              .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     : Mr. Sanjeet Kumar, Advocate
                 For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
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                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                 SHARMA
                 ORAL ORDER

2 30-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 64 of 2017, G.R. No. 1163 of 2017 registered for the offences punishable under Sections 268,270,278,308,326 of the Indian Penal Code.

Allegedly, in spite of publication of the notice in the Newspaper for converting the brick kilns into cleaner technology so that the same may run without air pollution, on inspection, 19 brick kilns, including the brick kiln of the petitioner were found running without following the procedure under Section 21 of Air (Prevention and Control of Pollution)Act, 1981.

Submission is of false allegation that in fact the Bihar Patna High Court Cr.M isc. No.63060 of 2017 (2) dt.30-01-2018 2/3 State Pollution Control Board extended the period for converting the brick kilns into Cleaner Technology till 31.08.2018, which would appear from Annexure- P/2 to this application. But the present FIR has been lodged on 12.04.2017. The petitioner has already taken steps in that regard by filing application before the Bihar State Pollution Control Board. The petitioner has got no criminal antecedent and in this case several similarly situated co- accused persons namely Baijnath Singh, Binod Yadav, Pintu Kumar, Mantu Singh, Suresh Kumar Yadav, Shiv Kumar Singh, Sanjay Singh, Dhirendra Kumar have already been allowed pre- arrest bail by different coordinate Benches of this court and as such the petitioner also deserves sympathetic consideration.

Learned APP fairly submits that other co-accused persons have already been allowed pre-arrest bail.

In the facts and circumstances stated above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Patnacity, in connection with Malsalami P.S. Case No. 64 of 2017, G.R. No. 1163 of 2017 Patna High Court Cr.M isc. No.63060 of 2017 (2) dt.30-01-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) khushbu/-

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