CR. MISC./73701/2018 of Ajay Kumar @ Ajay Kumar Yadav Vs The State Of Bihar on 21 December 2018

ORAL ORDER

Heard learned counsel for the petitioner, learned APP

for the State and Mr. Naresh Dikshit, learned Special P.P. for theDepartment of Mines.

The petitioner is apprehending his arrest in a caseregistered for the offences punishable under Sections 4(1) and4(1A) of the Mines and Minerals (Development and Regulation)Act, 1957 and Sections 26(A), 27, 40 of Bihar Minor MineralConcession Rules, 1972.

The prosecution case as per the written report lodged by Mines Development Officer, Aurangabad submitted to theStation House Officer of Rafiganj Police Station is to the effectthat accused persons were running brick kiln without renewal ofthe licence.

It is submitted by learned counsel for the petitionerthat the due to the loss in running the brick kiln the petitionerwas not running the brick kiln and only on suspicion, theaccusation has been levelled against the petitioner. It is furthersubmitted that similarly situated co-accused Pawan KumarSharma and Binod Kumar have been granted anticipatory bailby co-ordinate Benches of this Court vide Cr. Misc. Nos. 55489of 2018 and 57828 of 2018 respectively. A statement has beenmade in paragraph 3 of the petition that the petitioner is nothaving any criminal antecedent.

Mr. Naresh Dikshit, learned Special P.P. for theDepartment of Mines submits that huge loss is being caused tothe State exchequer due to running of brick kiln without renewalof the licence.

Considering the nature of accusation and the fact thatsimilarly situated co-accused persons have been grantedanticipatory bail, coupled with the statement made in paragraph3 of the petition that the petitioner is not having any criminalantecedent, let the above named petitioner be released onanticipatory bail in the event of arrest or surrender before thelearned Court below within a period of twelve weeks fromtoday, on furnishing bail bonds of Rs.10,000/- (Ten thousand)

DKS/-

UT

with two sureties of the like amount each to the satisfaction oflearned Chief Judicial Magistrate, Aurangabad in connectionwith Rafiganj P.S. Case No. 39 of 2018, subject to theconditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J)