IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              A. B. A. No. 4316 of 2013
        1.   Arun Sahu
        2.   Dilip Sahu
        3.   Panchanan Sahu @ Panchanan Gutta
             @ Panchanan Gupta                                     ...... Petitioners
                               Versus
        The State of Jharkhand                               ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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        For the Petitioners                : Mr. B. M. Tripathy, Sr. Advocate
                                           : Mrs. Nutan Kumari Sharma, Advocate
        For the State                      : A.P.P
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        03/Dated: 19 th February, 2014

Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with the case registered under Sections 379, 411, 34 of the Indian Penal Code, under Sections 37 of the Air (Prevention and Control of Pollution) Act and under Section 92 of the Factories Act.

Mr. B. M. Tripathy, learned senior counsel appearing on behalf of the petitioners has submitted that the petitioners have no concern with the said stone crusher or the stone boulders and in fact they have been made an accused because petitioner No.1 happens to be the brother of Anand Kumar Sahu, who is the owner of one of the stone crusher and petitioner Nos.2 & 3 happen to be the brothers of another crusher owner Prakash Sahu, which would be apparent from the seizure list.

The learned counsel for the State has opposed the prayer for bail and submitted that the officers have named these petitioners, who were running crusher without obtaining clearance from the Pollution Control Board and in violation of the Factories Act and Rules; that the stone chips of 5000 c.f.t and 20,000 c.f.t. were found seized respectively from the stone crusher premises.

On perusal of the FIR, it is evident that the stone crushers were owned by Anand Sahu and Prakash Sahu, as such, involvement of these petitioners in the alleged crime is not made out. Accordingly, 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 learned Court below shall enlarge them on bail on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Seraikella, in connection with Chowka P.S. Case No.57 of 2013, corresponding to G.R. No.797 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Amitav K. Gupta, J.) Chandan - Alok/-