This order grants anticipatory bail to the petitioner in an FIR alleging running unlicensed brick kilns. Bail is granted subject to arrest/surrender within six weeks and financial bonds.
Anticipatory bail granted on furnishing bonds of Rs.10,000 with two sureties equivalent to each, subject to surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45687 of 2017
Arising Out of PS. Case No.-32 Year-2017 Thana- MALI District- Aurangabad
======================================================
Brij Mohan Mahto Son of Late Kameshwar Mahto, R/o Village- Bairiya, P.S.- Mali, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. C. Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 406 and 420 of the Indian Penal Code.
Allegation is that the accused persons including the petitioner were running brick kilns without obtaining licence and no objection certificate from the respective departments inspite of direction of the Bihar Pollution Control Board, Patna to close the brick kiln.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Vide Annexure-2 to the present application, the petitioner had already
Patna High Court Cr.Misc. No.45687 of 2017(2) dt.03-10-2017 2/2
complied with the provisions of law in respect to deposit of licence fee. Other co-accused have been granted anticipatory bail vide Cr.Misc.No.44418 of 2017, Cr.Misc.No.28393 of 2017 and Cr.Misc.No.35558 of 2017.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. case No.32 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner qualifies for anticipatory bail in a case alleging running brick kilns without license.
1 provisions across 1 enactments
Brij Mohan Mahto
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
