Wakil Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65507 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Wakil Prasad Mandal aged about 58 years (M) Son of Sitaram Mandal Resident of Village - Shahpur, P.S.- Kahalgaon (Ghogha), District Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 379 of the Indian Penal Code; Section 21(i) of the M.M.D & R Act, 1957; Rule 40(8) of the M.M.C. Rules; and Section 15 of the Forest & Environment Protection Act, 1986 registered in connection with Kahalgaon (Ghogha) P.S. Case No. 237 of 2019.

The allegation against the petitioner is that he was running the brick-kiln without renewal of licence of his brickkiln. Learned counsel for the petitioner submits that the petitioner has applied for renewal of his licence of the brick-kiln and has also deposited requisite fee but his license has not been renewed. Learned counsel further submits that the petitioner is a

Patna High Court CR. MISC. No.65507 of 2019(2) dt.13-11-2019 2/2 businessman and there is no chance of his absconding and he is ready to abide by any condition imposed upon him. Learned counsel further submits that similarly situated co-accused Ramesh Prasad Sah has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 25.09.2019 passed in Cr. Misc. No. 54879 of 2019. The petitioner has no criminal antecedents.

In the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 237 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) BT/- U T