IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  A.B. A. No. 4317 of 2013

       Manjit Prakash                                        ...... Petitioner
                                Versus
       The State of Jharkhand                                ...... Opposite Party
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       CORAM:     HON'BLE MR. JUSTICE AMITAV K. GUPTA
                          ---------
       For the Petitioner        :  Mr. Rakesh Kumar, Advocate
       For the State             :  A.P.P.
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       03/Dated: 25th February, 2014

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

The petitioner is apprehending his arrest in connection with the case registered under Sections 379/411 of the Indian Penal Code read with Section 33 of the Indian Forest Act, Section 4/30 of the Mines and Minerals Rules, 2004, Sections 4/21 of the M.M.R.D. Act and Section 21/31(2) of the Air Pollution Control Act.

Learned counsel for the petitioner has submitted that the petitioner has not constructed the chimney brick kiln in the protected or reserved forest area, rather the said brick kiln has been constructed on Raiyati land as per an agreement entered into with the Raiyats (Annexure-3); that the petitioner was granted license by the District Mining Officer vide license No. 24/2006-2007 and he has been paying the requisites fees as per Annexure-4 and 4/1. It is further submitted that the consent to operate the brick kiln has been given by the Jharkhand State Pollution Control Board and the same is valid till 30.09.2014 i.e. Annexure-5. It has also been submitted that it is evident from the F.I.R. that no coal or stolen coal was found in the premises of the said brick kiln of the petitioner, therefore, ingredients of the offences under the aforesaid Sections is not attracted against the petitioner.

Learned A.P.P while opposing the prayer for bail of the petitioner, has not controverted the submissions.

In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within two weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner 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 Chief Judicial Magistrate, Latehar in connection with Barwadih P.S. Case No. 29 of 2013 corresponding to G.R. No. 297 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Amitav K. Gupta, J.) Satayendra/­