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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 379 in The Indian Penal Code
Section 23 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 25 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 406 in The Indian Penal Code

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Patna High Court - Orders
Umesh Sah vs The State Of Bihar on 28 July, 2016
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.29885 of 2016
                        Arising out of PS.Case No. -37 Year- 2013 Thana -FATEHPUR District- GAYA
                 ======================================================
                 Umesh Sah, son of Dwarika Sah @ Sethji, resident of village- Kathadih,
                 P.S. Fatehpur, Distt Gaya.

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

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Rajendra Prasad, Adv.
                 For the State        : Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
                 ORAL ORDER

2 28-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 379, 406, 420 of the Indian Penal Code, Rule 4, 26, 40 of Mines and Minerals Concession Rules, 1972, Sections 21A, 22, 23 of Air (Prevention and control of Pollution) Act, Section 25, 31, 44 of water (Prevention and control of Pollution) Ac, 1974 and 7, 15 of the Environment Protection Act, 1985.

The accusation against the petitioner is that he was found running movable brick-kiln without having any license, particularly in the circumstance when movable brick-kilns had already been banned. Petitioner is in jail custody since 22.6.2016 Patna High Court Cr.Misc. No.29885 of 2016 (2) dt.28-07-2016 2/2 and the application of offence of I.P.C. in the present case appears to be doubtful.

Accordingly, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No. 37 of 2013.

(Hemant Kumar Srivastava, J) S.Ali/-

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