Jharkhand High Court
Md Nasim Khan And Anr vs The State Of Jharkhand on 16 September, 2014
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 325 of 2014
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1. Md. Nasim Khan
2. Farooq Khan .... Petitioners
-Versus-
The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioners : : M/s. S.Hamidul Haqe
For the State : : M/s. Mukesh Bihari Lal, A.P.P.
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5/ 16.09.2014. Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners are apprehending their arrests in connection with Chaibasa Mufassil P.S. Case No. 75 of 2009 corresponding to G.R. No. 450 of 2009, for the alleged offences under Sections 467, 468, 471, 420, 379, 414 and 120-B of the Indian Penal Code.
From the F.I.R. it appears that at the check post, some mining challans were produced by the truck drivers, and it appears that the mining documents relating to four trucks were found to be forged. The petitioners are not named in the F.I.R.
The impugned order shows that the petitioners have been made accused in this case, being the partners of the firm, namely, M/s. Dhanbad Iron Ore Conversion Works, and it also appears that the consignment were to be transported to the said firm, on the basis of the forged mining challans.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. It is also submitted that the other co-accused persons who are similarly situated, have been granted anticipatory bail in the matter. Learned counsel for the petitioners has also submitted that the process under Section 82 of the Cr.P.C. was issued against the petitioners, but the order issuing the process has been set aside by this Court by order dated 22.7.2014 in Cr.M.P. No. 1628 of 2014. Learned counsel has accordingly, prayed for anticipatory bail.
Learned counsel for the State has opposed the prayer.
In the facts of this case, since the other co-accused persons have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioners, Md. Nasim Khan & Farooq Khan. Accordingly, it is directed that in the event of their arrest / surrender, the petitioners named above shall be released on bail, on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chaibasa, in connection with, Chaibasa Mufassil P.S. Case No. 75 of 2009, corresponding to G.R. No. 450 of 2009, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(H.C.Mishra, J.) D.S.