Bhola Prasad Mandal @ Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37593 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Bhola Prasad Mandal @ Bhola Mandal S/o Bhagwan Prasad Mandal R/o Village- Kulkuliya, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 420, 379 of the Indian Penal Code and Section 21(1) MMD & R Act, 1957 and Section 40(8) of MMC Rule, 1972/2014 & Section 15 of Forest & Environments Protection Act, 1986.

Allegation is that the petitioner was running brick kiln without renewal of licence of his brick kiln. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.37593 of 2020(2) dt.22-07-2021 2/2 has falsely been implicated in the present case. The allegation of running illegal brick kiln is denied by the petitioner. The petitioner has already deposited fee for renewal of licence. Other co-accused has been granted anticipatory bail vide Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Bhagalpur in connection with Kahalgaon (Ghogha) P.S. case No.237 of 2019 corresponding to G.R. No.1458 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T