IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A.No. 3508 of 2012
           Vijay Singh.                             ...  ... ...Petitioner
                                -Versus-
           The State of Jharkhand.                  ...  ... ...Opp. Party
                                ----------
           CORAM:         THE HON'BLE MR. JUSTICE D.N.UPADHYAY

           For the Petitioner:            Mr. Rajan Raj, Advocate.
           For the State:                 A.P.P.
                                 ----------
03/ 20.12.2012

The petitioner is an accused in a case registered under Sections 379/34 of the Indian Penal Code and Rules 48, 53 and 54 of the Jharkhand Minor Mineral Concession Rules, 2004.

It is alleged in the F.I.R. that the petitioner was found running a temporary brick kilns after erecting 'Chimneys' made of Tin. It is also alleged that for the purpose of running brick kilns the petitioner had been collecting coal through illegal mining.

It is submitted that no incriminating article was seized from the place and the temporary structure was demolished by the Police. At best the petitioner can be held liable for running brick kilns without valid document and the offence under Air Prevention and Control of Pollution Act, 1981 which is bailable.

Counsel for the State has opposed the prayer.

Considering the facts and circumstances as it appearing from the F.I.R., the petitioner is directed to surrender before the court-below within three weeks from today and if he does so he shall be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of Sri Girjesh Kumar Dubey, Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No. 43 of 2012, corresponding to G.R.No. 246 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

[D.N.Upadhyay,J.] P.K.S.