26 13.11.2014 AB Court 34 C.R.M. 14155 of 2014 Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25th September, 2014 in connection with Rejinagar Police Station Case No. 126 of 2014 Dated 29.04.2014 under Sections 379/411 of the Indian Penal Code and Section 21 of the Mines & Minerals Act and Section 4C/4D of the West Bengal Land Reforms Act and Section 37 of the Pollution Act.

In re : Hanif Mohammad & Anr.

... Petitioners.

Mr. Robiul Islam ... for the Petitioners.

Mr. S. S. Imam ... for the State.

Heard the learned Counsel for the Petitioners as well as the learned Counsel for the State and perused the Case Diary.

In view of the Judgment of the Hon'ble Supreme Court passed in the case of Arnesh Kumar Vs State of Bihar reported in 2014 (5) Supreme 324 = AIR 2014 SC 2756, we are of the view that the Petitioners, in the event of their arrest, should be enlarged on ALLOWED bail.

Accordingly, we direct that in the event of arrest, the Petitioners shall be released on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973 and on further condition that the Petitioners must record their presence before the concerned Investigating Officer of the case every fortnight till conclusion of the investigation.

The application for anticipatory bail stands allowed.

(TAPEN SEN, J.) (INDRAJIT CHATTERJEE, J.)