Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31824 of 2012 ====================================================== Amar Kumar S/O Sri Braj Nandan Prasad Sinha Resident Of Mohalla - Kankarbagh, Bhut Nath Road, P.S. - Agamkuan, District - Patna. At Present Residing At M/S Kumar Stone Works, Village, Jagarnathpur, P.S. - Chandhauti, District – Gaya. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 26-11-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] , 7 and 8 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. On a raid being conducted, the crusher machine of the petitioner was sealed but subsequently seal of the room was found intact but the back window of the room was found open which suggests that crusher machine was running when on spot stone chips and boulders were found. It is submitted by learned senior counsel for the petitioner that the petitioner is a Patna High Court Cr.Misc. No.31824 of 2012 (3) dt.26-11-2012 2 / 2 2 proprietor of stone crusher unit and for assessment of reserve deposit amount, recommendation was made by the Collector on 26.02.2012 and the matter is still pending with the Principal Secretary, Mines and Minerals Department, Bihar, Patna, when only because the back window of the room was found open, suspicion was raised that even after the authority sealed, the unit of the petitioner the crusher machine was running illegally. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chandauti P.S. Case No. 177 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.