Samar Pandey v. State Of West Bengal

C.R.M. (A) 2582 of 2023 20.07.2023 SL. 17 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Purulia (M) Police Station Case No. 42 of 2023 dated 03.03.2023 under Sections 379/411/120B of the IPC and Section 21(1)(4) of Minies and Minerals (R & D) Act, 1957.

And In the matter of: Samar Pandey ....petitioner.

Mr. Subhajit Chowdhury ...for the petitioner.

Mr. Saibal Bapuli, APP Ms. Sayanti Santra ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioner is stated to be the owner of the tractor which was found to be transporting illegally lifted sand from the river bank. The basis of the implication of the present petitioner is the statement of the co-accused.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that the petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before

the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2582 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)