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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4481 of 2015 Manik Chandra Khan @ M.C. Khan .... Petitioner Versus The State of Jharkhand ... Opposite Party ---
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. A. K. Mehta, Advocate For the State : Mr. Manoj Kumar, A.P.P.
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Order No. 02 Dated 27th April 2016 Heard Mr. A. K. Mehta, learned counsel, appearing for the petitioners and Mr. Manoj Kumar, learned A.P.P. for the State.
Petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with C.O. Case No. 21 of 2014, registered for the offences punishable u/s 15 of the Environment Protection Act, 1986, and Section 37,38 and 39 of the Air (Prevention and Control of Pollution) Act, 1981 as also Section 41f and 43 of the Water (Prevention and Control of Pollution) Act, 1974.
It has been submitted by learned counsel for the petitioner that the petitioner was never posted as Project Officer, Lohapatti Sand Ghat, rather the petitioner was posted as Project Officer, Lohapatti Colliery and in support of his contention, learned counsel referred to the office order dated 21.8.2010. It has further been submitted that the sand extraction never crossed its limit and in compliance of letter datede13.12.2013, the mining activity of Lohapatti Sand Ghat Project of M/s. BCCL was stopped.
Learned A.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner, but has not disputed the aforesaid fact.
Regard being had to the above, I am inclined to allow this application. Accordingly, the petitioner, named above, is directed to surrender in the court below within three weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad in connection with C.O. Case No. 21 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(RONGON MUKHOPADHYAY, J.) MK