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Cites 5 docs
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 411 in The Indian Penal Code
Section 379 in The Indian Penal Code
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Jharkhand High Court
Manoj Kumar Singh vs The State Of Jharkhand on 12 January, 2016
                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A No. 4001 of 2015
                                           -------
            Manoj Kumar Singh                          .... Petitioner
                                         -Versus-
            The State of Jharkhand                     ..... Opposite Party
                                            -------
            CORAM :        HON'BLE MR. JUSTICE H.C.MISHRA
                                            -------
            For the Petitioner :               : M/s. Rajiv Ranjan, Sr. Advocate
                                                      Vishal Kumar Trivedi, Advocate
            For the State :                    : M/s. Asif Khan
                                            -------

7/ 12.01.2016

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

The petitioner is apprehending his arrest in connection with Jaraikela P.S. Case No.08 of 2013, corresponding to G.R. No. 379 of 2013, for the alleged offence under Sections 379, 411 of the Indian Penal Code, Sections 4/ 21 of the M.M.R.D. Act and Section 37 of the Pollution Act.

The police case was instituted on the basis of the F.I.R. filed by the Block Development Officer, Manoharpur.

It is submitted by learned counsel for the petitioner that the other co-accused has been granted bail by order dated 6.1.2015 in A.B.A. No. 522 of 2014, as it was found that the offence was made out only under M.M.D.R. Act and Air Pollution Act and for the offence under these Acts, the prosecution has to be launched on the basis of complaint.

In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Manoj Kumar Singh. Accordingly, it is directed that in the event of his arrest / surrender, the petitioner named above shall be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Porahat at Chaibasa, in connection with, Jaraikela P.S. Case No.08 of 2013, corresponding to G.R. No. 379 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure .

(H.C.Mishra, J.) D.S.