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[Cites 1, Cited by 3]

Jharkhand High Court

Sudhir Prasad Mahato vs State Of Jharkhand on 23 August, 2011

Author: Pradeep Kumar

Bench: Pradeep Kumar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             A.B.A. No. 473 of 2011
                                         With
                             A.B.A. No. 582 of 2011
                Nirmal Kumar              ...... Petitioner(A.B.A. No. 473 of 2011)
                Sudhir Prasad Mahato      ...... Petitioner(A.B.A. No. 582 of 2011)
                                               Versus
                The State of Jharkhand ...... Opposite Party ( In both cases)
                                         .....
                CORAM:       HON'BLE MR. JUSTICE PRADEEP KUMAR

                For the Petitioner           : Mr. M. B. Lal (A.B.A. No. 473 of 2011)
                For the Petitioner           : Mr. Mahesh Tiwari(A.B.A. No. 582 of 2011)
                For the State                : A.P.P ( In both cases)
                                   -----------
03/23.08.2011

Since, both the aforesaid cases arose from the same F.I.R., the same are being disposed of by this common order.

Heard the Learned Counsel for the petitioners and learned counsel on behalf of the State Petitioners are apprehending their arrest in a case registered under Sections 420/468/471/120B of the I.P.C.

It is submitted by learned counsel for the petitioners that this case has been filed against M/s Surbhi Coal Built, Bhojpur and M/s Jha Briquette, Madhubani and petitioners are the owners of their trucks and after getting proper DO, the coal was loaded on the trucks for their destination i.e. Bhojpur and Madhubani respectively. The trucks have already been released in their favour in the year 2000 itself and they have already received their trucks. Now, after passing of 10 years, the police is trying to involve these petitioners in this case and obtained warrant of arrest against them and as such, petitioners prays for anticipatory bail.

Learned counsel for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case and since, after 10 years, police obtained warrant of arrest against these petitioners and trying them to involve in this case, petitioners are directed to surrender before the trial Court within two weeks from today and in the event of their surrender, they shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Katras P. S. Case No. 45 of 2000 corresponding to G. R. Case No. 428 of 2000, subject to the conditions laid down under section 438(2) Cr.P.C. Further, the bailers must be local residents having property within the jurisdiction of the court below with a further condition that petitioners will appear in the Court once every month on the date fixed, otherwise their bail bond would liable to be cancelled.

(Pradeep Kumar, J.) Kamlesh/-