Arun Prasad vs The State Of Jharkhand on 22 July, 2015

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Jharkhand High Court

Arun Prasad vs The State Of Jharkhand on 22 July, 2015

Bench: D.N.Upadhyay

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     A.B.A.No. 1370 of 2015
          Arun Prasad.                      ... ...Petitioner
                           -Versus-
          The State of Jharkhand.           ... ...Opp. Party
                           ---------
          CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY


         For the Petitioner:          Ms. Amrita Banerjee, Advocate.
         For the State:               A.P.P.
                           ---------
03/22.07.2015

The petitioner is an accused in a case registered under Sections 147/148/149/353/379 of the Indian Penal Code in connection with Mandu P.S. Case No. 178/2014, corresponding to G.R.No. 1722/2014, pending in the Court of the Judicial Magistrate, 1st Class, Hazaribagh.

It reveals that truck belonging to the petitioner while carrying coal without paper was apprehended. Since the vehicle was not in order, the informant was given custody but the accused persons appeared on different vehicle and forcibly took away the truck from possession of forest guard.

It is submitted that the forest officials had been demanding bribe to the extent of Rs. 1 00 000/- for releasing the vehicle. When this fact was brought to the notice of S.P., the forest guard hurriedly lodged this case. There is delay of one month in lodging the case.

Counsel for the State has opposed the prayer. Be that as it may, the vehicle belonging to the petitioner was detained but it was taken back by him without authority, has not been disputed.

In the circumstances, I do not feel inclined to give benefit of Section 438 Cr.P.C. to the petitioner. Accordingly prayer for bail made on his behalf stands rejected.

[D.N.Upadhyay,J.] P.K.S.

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Jharkhand High Court