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Patna High CourtCR. MISC./47172/2022allowed

Arvind Kumar Mandal v. The State Of Bihar

2023-02-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47172 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== ARVIND KUMAR MANDAL Son of Mahendra Mandal R/v- Kauaha, P.SBasopatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code and 21 of M.M Act, 1957 Rule 56(2) Bihar Minerals concession prevention of illegal mining, transport and strong Rule 2019 amendment 2021, Section 15 of Environment Protection Act, 1986.

The allegation against the petitioner is that he is involved in the illegal mining and transportation of sand. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits that the petitioner has deposited the loss amount in the

Patna High Court CR. MISC. No.47172 of 2022(7) dt.21-02-2023 2/2 concerned department, which is also mentioned in para-3 of the supplementary affidavit. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jaynagar P.S. Case No.161 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T