IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27307 of 2011 Niranjan @ Malik Singh, Son of Ramata Singh, Resident of Village Birra, P.S. Hulasganj, Distt. Jehanabad. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ---------------- 02/- 12/09/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Section 379 of the Indian Penal Code, Section 7 Bihar Minerals (illegal digging transportation & Etoration) Act, 2003, 41 Water Act, 1974, Section 37(1) AIR Act, 1981, Section 15 of the environment (protection) Act and Section 4, 40, 52 of B.M.M.C. Act 1992 and Sections 4, 21 M.M.R.D. Act, 1957, is one of the named accused in this case relating to crushing of stone chiefs etc. Submission is that he has been denied the privilege by learned Sessions Judge only because of having one criminal antecedent of similar nature. Though, others have been granted the privilege. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner 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 Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No. 99 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)