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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44349 of 2011
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1. Santosh Singh son of Pradeep Singh, resident of village-Rasalpur, Police
Station-Muffassil, District-Gaya &
2. Munna Singh son of Upendra Singh, resident of village-Rasalpur, Police
Station-Muffassil, District-Gaya.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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With
Criminal Miscellaneous No.44467 of 2011
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Bhushan Singh Son of Sri Bachan Singh, Resident of Village - Shikhar, P.S.
- Mofassil, District - Gaya.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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With
Criminal Miscellaneous No.44510 of 2011
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Udai Singh S/o Sri Kapil Singh, Resident of Village - Sikhar , P.S. -
Muffasil , District - Gaya
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2/ 10-02-2012 Heard learned counsel for the petitioners and the State.
2 Patna High Court Cr.Misc. No.44349 of 2011 (2) dt.10-02-2012 2/3The petitioners seek anticipatory bail in a case instituted for the offence under sections Rule 7 and 8 of Bihar Minerals Prevention of Illegal Mining & Transportation and Storage 2003, Rule 4/40 of BMMC Rule, 1972, Rule 21-A of Air Pollution Act, 1981, and under section 15 of Environmental (Protection) Act and section 379 and 406 Indian Penal Code.
It has been submitted that petitioners are not involved in running Crushing Units and are ready to give undertaking before the Court below that there will be no complaint of similar kind against them in future as also there is no other case of similar nature pending against them.
Considering the same, it is ordered that the event of surrender/arrest of the petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Muffasil P.S. Case No.223 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of 3 Patna High Court Cr.Misc. No.44349 of 2011 (2) dt.10-02-2012 3/3 misuse, (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
JA/- (Anjana Prakash, J)