Siddhartha Konar v. State Of West Bengal

17.12.2021.

98.

as (Allowed).

C.R.M. 8154 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pursurah P. S. Case No.168 of 2021 dated 01.12.2021 under Sections 379/411/414 of the Indian Penal Code and Section 21(i) of the Mines and Minerals (Development & Regulation) Amendment Act.

In the matter of : Siddhartha Konar.

... Petitioner.

Mr. Sandip Chakraborty, Mr. Kaustav Das.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that he has valid lease to extract sand for a period of five years. Allegations of illegal extraction is without any basis. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and keeping in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion though custodial interrogation of the petitioner is not necessary but the petitioner requires to cooperate with the investigation in accordance with law. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall meet the Investigating Officer once in a week until further orders and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)