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THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1722 of 2025
------ Gangadhar Bajpai, aged about 74 years, s/o Shri Prakash Chandra Bajpai, r/o H.No. B-34, Rajnigandha Lane ( Ashiana Garden), PO & PS Sonari, Jamshedpur, Dist. East Singhbhum .... …. Petitioner
Versus
1. The State of Jharkhand
2. Jharkhand State Pollution Control Board, having its head office at Nagar Prashashan Bhawan HEC PO Dhurwa, PS Jagarnathpur, Dhurwa, dist. Ranchi, Ranchi represented through Shri Jitendra Prasad Singh, c/o not knownRegional Officer (Incharge) Jamshedpur regional office of the State Pollution Control Board having its regional office at Adityapur of Jharkhand State Pollution Control Board having its office at MB 15, New Housing Colony, Adityapur, Jamshedpur, PO & PS Adityapur, Dist. Seraikella
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Sanjay Prasad, Advocate
For the State : Mr. Shashi Kumar Verma, APP
For Respondent. No.2: Ms. Richa Sanchita
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Order No.02 Dated- 18-03-2025 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Complaint Case No.342 of 2023 registered for the offences punishable under Sections 15 & 16 of the Environment (Protection) Act, 1986.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the director of M/s Nilachal Iron and Power Ltd. has violated the provisions of the Environment (Protection) Act, 1986 by without obtaining environment clearance as mandated by the Act has installed and operating 1 X 600 TPD capacity Iron Rotary Kiln, 3 X 10 TPD SMS CCM, 2300 TPA Rolling Mill. It is further submitted that the allegations against the petitioner are all false and the company of the petitioner has already deposited the penalty amount of Rs.5,36,32,000/- with the Jharkhand State Pollution Control Board. It is next submitted that the company of the petitioner namely M/s Nilachal Iron and Power Ltd. has not been
-2- arrayed as an accused nor any summoning order has been passed against it. Similarly situated co-accused persons has been granted anticipatory bail by this Court vide order dated 05.03.2025 passed in ABA No.1490 of 2025. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned counsel for the opposite party no.2 oppose the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Seraikella, in connection with Complaint Case No.342 of 2023 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Anjali/