Rakesh Mandal @ Rakesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14550 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== RAKESH MANDAL @ RAKESH KUMAR MANDAL S/o Late Binod Mandal R/o village- Shekhpura, P.S.- Sajor, Distt.- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 411 and 34 of the Indian Penal Code.

As per the prosecution case, on receiving information with respect to illegal mining of sand, it is stated that a raid was conducted wherein sand was found and on inquiry it transpired that the same belong to the three accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor does he have any concern with the recovered sand or the vehicle in question. The petitioner is in custody since 30.12.2021 and his case stands on a better footing to that of co-accused Pankaj

Patna High Court CR. MISC. No.14550 of 2022(3) dt.28-04-2022 2/2 Kumar Singh who has been enlarged on anticipatory bail vide order dated 26.4.2022 passed in Cr. Misc. no. 54274 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with grant of anticipatory bail to co-accused Pankaj Kumar Singh and the petitioner having remained in custody for more than 3 months, the petitioner is directed to be enlarged on bail in connection with Shahkund P.S. Case no. 196 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhagalpur. (Partha Sarthy, J) Spd/- U T