Saraswati Devi @ Saraswati DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36813 of 2026
                    Arising Out of PS. Case No.-8 Year-2019 Thana- MADHUBANI COMPLAINT CASE
                                                    District- Madhubani
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                 Saraswati Devi @ Saraswati Devi Wife of Late Kapildeo Mahto As an
                 operator of M/S Sona Int Ydyog, Resident of Village- Purbi Panchayat, Ward
                 No. 08, Basopatti, P.S.- Basopatti, District- Madhubani
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Bihar State Pollution Control Board, Parivesh Bhawan, Patliputra Industrial
                  Area, P.O.- Sadakat Ashram, Patna- 800010, Bihar
                                                                     ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :    Mr. Manoj Kumar, Adv.
                                               Mr. Ram Murti, Adv.
                 For the Opposite Party/s :    Mr. Arun Kumar Pandey, APP
                 For BSPCB                :    Mr. Kumar Ravish, Adv.
                                               Mr. Rohit Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard the parties.

                                 2. The petitioner is named in the Complaint

                   Casse and apprehending her arrest in connection with

                   Madhubani Complaint Case No. 08 of 2019 registered

                   for the offences punishable under Sections 37 and 38(D)

                   of Air (Prevention and Control of Pollution) Act, 1981.

                                 3. As per official complaint, petitioner failed to

                   comply with the provision of Section 37 and 38(D) of Air

                   (Prevention and Control of Pollution) Act, 1981.

                                 4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.36813 of 2026(2) dt.17-06-2026
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          on behalf of the petitioner that the complaint is

          unfounded for the reason that the petitioner submitted

          petition with required fee under the provision of the Act

          on 30.04.2019 to run Brick Kiln provisionally in terms of

          order dated 29.05.2019. It is pointed out that thereafter

          due to COVID-19 it becomes non operational. Petitioner

          is a lady of clean antecedent.

                       5. Learned APP duly assisted by Mr. Kumar

          Ravish learned counsel for the BSPCB while opposing the

          prayer of bail could not disputed the submission that the

          petitioner was allowed provisionally to run his brick klin

          vide order dated 29.05.2019 (Annexure P/5).

                        6. In view of aforesaid factual submission and

          by taking note of fact as the petitioner who is a lady of

          clean antecedent allowed provisionally to run her brick

          klin as discussed aforesaid, accordingly petitioner above-

          named, in the event of her arrest or surrender before

          the court below within a period of four weeks, is directed

          to be released on bail, furnishing bail bond of Rs.
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                         10,000/- (Rupees Ten Thousand) with two sureties of

                         the like amount each to the satisfaction of the learned

                         CJM, Madhubani /concerned Court, where the case is

                         pending in connection with Madhubani Complaint Case

                         No. 08 of 2019, subject to the conditions as laid down

                         under Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T