IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 616 of 2011
1. Mukund Nayak
2. Khemlal Mahto ... ... ... Petitioners
Versus
The State of Jharkhand ... ... ... Opposite Party
CORAM : HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioners : Mr. Atanu Banerjee, Advocate
For the State : Mr. M.B. Lal, Advocate
03/20.06.2011
Heard learned counsel for the petitioners and learned A.P.P. for the
prosecution.
Petitioners, Mukund Nayak and Khemlal Mahto are apprehending
their arrest for the offences under Sections 413/414/34 of the Indian Penal Code
and Section 33 of the Indian Forest Act, in connection with Nawadih P.S. Case
No. 43 of 2010 corresponding to G.R. No. 537 of 2010.
It is alleged that one truck loaded with coal was apprehended by the
police and the the petitioners have been named to be involved in the illegal
mining and transportation of coal.
Learned counsel for the petitioners submits that the petitioners have
been falsely implicated in this case and in the similar circumstances other co
accused has been granted anticipatory bail by this Court in A.B.A. No.3219 of
2010 vide order dated 23.12.2010.
In the facts and circumstances of this case, I am inclined to release the
petitioners on anticipatory bail. Accordingly, it is directed that in the event of
surrender/arrest, the petitioners, Mukund Nayak and Khemlal Mahto shall be
released on bail, on furnishing bail bonds of Rs. 10,000/ (Rupees Ten thousand)
each with two sureties of like amount each to the satisfaction of learned Chief
Judicial Magistrate, Bermo at Tenughat in connection with Nawadih P.S. Case
No. 43 of 2010 corresponding to G.R. No. 537 of 2010 subject to the conditions
as laid down under Section 438(2) of the Code of Criminal Procedure.
(H.C. Mishra, J.)
Anit