High Court Patna High Court - Orders

Bhuneshwar Yadav vs The State Of Bihar on 29 April, 2011

Patna High Court – Orders
Bhuneshwar Yadav vs The State Of Bihar on 29 April, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.13632 of 2011
                BHUNESHWAR YADAV S/O PUNNA YADAV
                               Versus
                        THE STATE OF BIHAR
                            -----------

02 29.04.2011 Heard learned counsels for the

petitioner and the State.

Petitioner is apprehending his

arrest in a case registered under rules 4,

40 and 52 of the Bihar Minor Mineral

Concession Rules, 1972 Sections 21 (A),

37(I) Air Act, 1981 and Sections 31 and 42

of Water Act and Section 379 of the Indian

Penal Code.

The accusation against the

petitioner is that the petitioner and others

operated the brick-kiln without obtaining no

objection from the Pollution Department and

has caused loss of Rs. 52,000/- to the

Pollution Department.

It is submitted by the learned

counsel for the petitioner that petitioner

never operated the brick-kiln and the

accusation does not constitute any criminal

offence.

Let the petitioner deposit Rs.
2

25,000/- before the learned court below

which will be invested in some Fixed Deposit

Scheme which will be subject to final result

of the case. On deposit of the aforesaid

amount, let the petitioner, above named, in

the event of his arrest or surrender before

the Court below within a period of 12 weeks

from today, 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 the

learned Chief Judicial Magistrate,

Jehanabad, in connection with Makhdumpur

P.S. Case No. 352 of 2010, subject to

conditions as laid down under Section 438(2)

of the Indian Penal Code.

(Dinesh Kumar Singh, J.)
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