IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.53998 of 2017
                       Arising Out of PS.Case No. -64 Year- 2017 Thana -MALSALAMI District- PATNA
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                 1. Binod Yadav, aged about 40 years, Son of Bishwanath Prasad Yadav,
                    resident of Mohalla- Nandgola, Police Station- Malsalami, District-
                    Patna.
                 2. Pintu Kumar, aged about 45 years, Son of Late Mukhlal Singh, resident
                    of Mohalla- Rikabganj, Police Station- Malsalami, District- Patna.
                 3. Mantu Singh @ Mantu Prasad Singh, aged about 45 years, Son of Late
                    Sitaram Singh, resident of Mohalla- Ram Krishna Nagar, Police Station-
                    Ram Krishna Nagar, District- Patna.
                 4. Suresh Kumar Yadav @ Suresh Prasad, aged about 65 years, Son of
                    Late Yugal Prasad Yadav, resident of Mohalla- Rikabganj, Police
                    Station- Malsalami, District- Patna.
                 5. Shiv Kumar Singh, aged about 52 years, Son of Late Ram Chandra
                    Singh, resident of Mohalla- Hanuman Nagar, Police Station-
                    Kankarbagh, District- Patna.

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

                                                        .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     : Mr.
                 For the Opposite Party/s : Mr.
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                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

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2 13-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Malsalami P.S. Case No.64 of 2017/G.R. No.1163 of 2017 registered under Sections 268, 270, 278, 308 and 326 of the Indian Penal Code.

The accusation is that in spite of publication of the notice Patna High Court Cr.Misc. No.53998 of 2017 (2) dt.13-11-2017 2/3 in the Newspaper for converting the bricks kilns into cleaner technology so that the same may run without air pollution, on inspection, 19 bricks kilns including the bricks kilns of the petitioners were found running without following the procedure under section 21 of the Air (Prevention and Control of Pollution) Act, 1981.

Learned counsel for the petitioners submits that, in fact, the Bihar State Pollution Control Board extended the period for converting the bricks kilns into cleaner technology till 31.08.2017, which would appears from Annexure-P/2 to this application but the present F.I.R. has been lodged on 12.04.2017. Further submission is that the petitioners have already taken steps for the same by filing application before the Bihar State Pollution Control Board. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajiv Kumar Bharti, Judicial Magistrate, First Class, Patnacity, Patna, in connection with Malsalami P.S. Case No.64 of 2017/G.R. No.1163 of 2017, subject to the conditions Patna High Court Cr.Misc. No.53998 of 2017 (2) dt.13-11-2017 3/3 laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./-

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