Sambhu Majhi v. State Of West Bengal

10.08.2022 Serial no. 15 [Dd] (Anticipatory bail) Allowed) CRM (A) 3805 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Arsha Police Station Case No. 64 of 2022 dated 08.05.2022 under Sections 379/411/414/120B of the Indian Penal Code and under Section 21(1)(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (G.R. Case No. 908 of 2022) -AndIn the matter of : Sambhu Majhi ... ... Petitioner Mr. Pawan Kr. Gupta, Mr. Sougata Mitra, Ms. Sofio Nesar, Ms. Ankita Dey, Mr. Santanu Sett, Advocates ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Pramanick, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner relies upon road e-challen for sand riverbed materials transport and submits that the vehicle seized was with the relevant echallen. He submits the petitioner possesses the right to quarry sand from same riverbed.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Prima facie, it appears that there is a road e-challen existing in favour of the petitioner in respect of the vehicle seized.

Consequently, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer at such time and place as may be specified by the Investigating Officer till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3805 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)