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Judgment
Heard the parties.
Defects, as pointed out by the office, are ignored. The petitioner apprehends his arrest in connection with Kuru P.S. Case No. 86 of 2020.
It has been alleged that on a raid conducted, it was detected that several persons were running illegal brick kilns without having deposited the royalty.
Learned counsel for the petitioner has submitted that the brick kiln run by the petitioner was under a valid sanctity of law. He has referred to the
various documents which have been brought on record including the environmental clearance duly approved mining plan and forest clearance as per
the report of the Divisional Forest Officer, Lohardaga. It has also been submitted that the demand notice dated 13.03.2019 raising a demand of
Rs.65,180.00 was also replied to and the amount was deposited in terms of the notice. Learned counsel therefore submits that since the petitioner has
fulfilled all the requisite criteria and had also deposited the royalty, the FIR instituted appears to be without consideration of the said facts.
Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner. The factual aspects and the various documents brought on record do
indicate that the petitioner was running the brick kiln in a legal and proper manner and had also paid the royalty as per the demand notice served upon
the petitioner.
On consideration of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner.
The petitioner, named above, is accordingly directed to surrender in the court below within a period of four weeks from today and on his
surrender/arrest, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to
the satisfaction of learned Additional Chief Judicial Magistrate, Lohardaga in connection with Kuru P.S. Case No. 86 of 2020, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.