Jharkhand High Court
Dipendra Kumar vs The State Of Jharkhand on 5 September, 2012
Author: D.N. Upadhyay
Bench: D. N. Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2141 of 2012
Dipendra Kumar .... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM : HONBLE MR. JUSTICE D. N. UPADHYAY
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For the Petitioner : Mr. S. L. Agarwal
For the State : A. P. P.
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2. 05.09.2012: The petitioner is an accused in a case registered under Sections 379, 420, 467, 468, 471 I.P.C. in connection with Jugsalai (Bagbera) P.S. Case No. 164 of 2012 corresponding to G.R. No. 1277 of 2012, pending in the Court of SDJM, Jamshedpur.
It reveals from the written report that the petitioner happens to be owner of a dumper bearing registration No. JH-05R-4424 which was found carrying quartz without valid document.
It is submitted that the petitioner had no knowledge about the transportation of quartz without paper. As a matter of fact, the dumper was plying under the control of driver and he may be made liable for illegal transportation of quartz.
On the other hand, learned counsel appearing for the State has opposed the prayer.
Considering the fact that the dumper belonging to the petitioner was found carrying quartz without paper, I do not feel inclined to consider the prayer under Section 438 Cr.P.C. Accordingly, the prayer for anticipatory bail stands rejected (D.N. Upadhyay, J.) MK