Viccy Kumar Mandal @ Dhrub Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6134 of 2016 Arising Out of PS.Case No. -9 Year- 2013 Thana -ANTICHAK District- BHAGALPUR ======================================================

1. Viccy Kumar Mandal @ Dhrub Nandan Kumar, S/o Rameshwar Bhagat, Resident of Village- Tintanga Karari, P.S. Gopalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Antichak Police Station Case No. 09 of 2013, disclosing offences under Section 414 of the Indian Penal Code and Section 21 of the Mines and Minerals (Regulation and Development) Act.

On the basis of the written report of the District Mining Officer, Bhagalpur, Antichak Police Station Case No. 09 of 2013 came to be instituted with an allegation that in course of raid at Bateshwar Asthan, coal was being found to be sold in plastic bags. The villagers of the said village allegedly disclosed name of the petitioner as the person

Patna High Court Cr.Misc. No.6134 of 2016 (2) dt.26-02-2016 2/3 involved in the business of selling coal.

Learned Counsel appearing on behalf of the petitioner submits that over and above the fact that the villagers disclosed the name of the petitioner, there is no other material against him. He further submits that the petitioner has no criminal antecedent and he will be making himself available for the purpose of investigation and trial, as and when required.

Considering the above submission, this application is allowed.

Let the petitioner, Viccy Kumar Mandal @ Dhrub Nandan Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Mishra, learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Antichak Police Station Case No. 09 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the same may be, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court Cr.Misc. No.6134 of 2016 (2) dt.26-02-2016 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √