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Cites 10 docs - [View All]
Section 33 in The Indian Forest Act, 1927
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 21 in The Water (Prevention and Control of Pollution) Act, 1974
Section 6 in The Factories Act, 1948
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Jharkhand High Court
Alok Kumar Singh @ Alok Singh vs The State Of Jharkhand on 18 September, 2018
             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          B.A. No. 7345 of 2018
                                         ----

Alok Kumar Singh @ Alok Singh ... Petitioner

-versus-

The State of Jharkhand                          ...         Opposite Party
                                         ----


                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                                         ----


            For the Petitioner :      Mr. Sabyasanchi, Advocate
            For the State :           Mr. Nehru Mahto, A.P.P.
                                       ----

4/ 18.09.2018      Heard learned counsel for the parties.

Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.

Petitioner is accused for allegedly committing the offence punishable under Sections 25, 26, 21 of Water (Prevention and Control of Pollution) Act, Section 21 of the Air (Prevention and Control of Pollution) Act, Section 6(i) of the Factories Act, Sections 33(b), 33(c) of the Indian Forest Act, Rules 4/21 of the Jharkhand Minor Mineral Concession Rules, Rules 3, 8 of the Jharkhand Mineral Dealers Rules, Sections 4/54 of the Mines and Minerals (Development & Regulation) Act in connection with Ramna Police Station Case No.84 of 2017 corresponding to G.R. No.1783 of 2017, pending in the Court of learned Sub Divisional Judicial Magistrate, Garhwa.

Learned counsel for the petitioner submits that the petitioner was already granted anticipatory bail with a condition that he will deposit a sum of Rs.1,00,000/- (Rupees One Lakh). Since, he was not in a position to deposit the said sum of Rupees One Lakh, he was taken in custody and he has remained in custody since 09.08.2018. Learned counsel for the petitioner produces a photocopy of the order passed by a Coordinate Bench of this Court in A.B.A. No.2786 of 2018 on 06.07.2018 by which the petitioner was granted privilege of anticipatory bail and was directed to deposit the sum of Rs.1,00,000/- (Rupees One Lakh). He submits that since he was not in a position to pay Rs.1,00,000/- (Rupees One Lakh), he was taken into custody.

Since the petitioner was granted privilege of anticipatory bail, I am inclined to release the petitioner on bail. Accordingly, petitioner, namely, Alok Kumar Singh @ Alok Singh, is directed to be released on bail -: 2 :- on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Garhwa in connection with Ramna Police Station Case No.84 of 2017 corresponding to G.R. No.1783 of 2017, subject to the condition that the petitioner will deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand) before the District Mining Officer, Garhwa and produce a receipt of such deposit before the learned Court below at the time of furnishing bail bonds.

Let a copy of this order be communicated to the Court concerned as also to the District Mining Officer, Garhwa through fax.

( Ananda Sen, J.) Kumar/Cp-03