Manoj Kumar Sah vs State Of Jharkhand on 16 April, 2012

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Jharkhand High Court

Manoj Kumar Sah vs State Of Jharkhand on 16 April, 2012

Bench: Jaya Roy

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               A.B.A. No. 4250 of 2011
                Manoj Kumar Sah                   ...  ... ...   Petitioner
                                       Versus
                The State of Jharkhand       ...  ...  ... Opposite Party
                            ---
                CORAM       : HON'BLE MRS. JUSTICE JAYA ROY

                For the Petitioner         : Mr. Gautam Kumar, Advocate
                For the State              : A. P. P.

03/16.04.2012

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with the case registered under Sections 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the though according to the contents of the F.I.R 30 quintals of coal and certain wooden logs were recovered from the house premises. But for the said coal, he has already taken permission from the authority concern i.e. from G.M. E.C.L. Lalmatia. He has further submitted that when he has complained to the I.O. regarding the institution of this case, then the said I.O. of this case has asked him to pay 10,000/- (ten thousand) as illegal gratification, and for this demand, relative of the petitioner Nirmal Sahu has lodged a criminal case i.e. under Section 7/13 of the Prevention of the Corruption Act against the said I.O. and after investigation charge sheet has been submitted against the said I.O. and to support of his contention, counsel for the petitioner has annexed the documents i.e. charge- sheet and also the complaint petition as Annexure 2 & 3 series in this application.

Learned counsel for the State has opposed but not disputed the aforesaid submissions made by the counsel for the petitioner.

Regarding the criminal antecedent, report has come, which shows that the petitioner has no criminal antecedent.

Considering all these aspects and considering the documents filed by the petitioner which are annexed as Annexure 2 & 3 series, I direct the petitioner, above named, to surrender in the court below within a period of one month from the date of this order i.e. 16.04.2012. If he surrenders within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Godda in connection with Godda (T) P.S. Case No. 328 of 2010 corresponding to G.R. No. 1073 of 2010, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, the petitioner is directed to co-operate with the investigating officer in the investigation of this case.

(Jaya Roy, J.) Satayendra

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Jharkhand High Court