IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3097 of 2011
Kailash Rajak @ Kaila Rajak ... ... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opposite Party
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner : Mr. Bhaiya Sumeet Sahay,
Advocate
For the State : Mr. T.N. Verma, A. P. P.
03/21.10.2011
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is apprehending his arrest in connection
with the case registered under Sections 414, 120(B) of the Indian
Penal Code, Section 30(II) of the Coal Mines Act and Section 33(I)
of the Indian Forest Act and Section 21 of the M.M.R.D. Act.
Learned counsel for the petitioner submits that the
petitioner’s name has come only on the confession of one co-
accused, namely, Jugal Mahto. It is also submitted that the three
co-accused, namely, Bhola Sao, BaIjnath Sao and Kaila Sao, who is
standing on the similar footing with the present petitioner have
been granted anticipatory bail by another Bench of this Court in
A.B.A. No. 288 of 2011 vide order dated 23.06.2011.
Mr. T.N. Verma, learned counsel for the State has
submitted that the another co-accused has stated petitioner is
one of the partner. He has further submitted that even villagers
have also supported the prosecution case and stated about the
present petitioner.
Considering the aforesaid submissions and
considering the facts and circumstances of the case, the
petitioner, above named, is directed to surrender in the court
below and deposit a sum of Rs. 10,000/- (ten thousand) within a
period of six weeks from the date of this order i.e. 21.10.2011 as a
condition for granting of anticipatory bail and after deposit of the
aforesaid amount and he surrenders within the said period, the
trial Court is directed to release him on bail, on furnishing bail
bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like
amount each to the satisfaction of C.J.M., Hazaribagh in
connection with Barkagaon P.S. Case No. 102 of 2010
corresponding to G.R. No. 2104 of 2010, subject to the condition
that petitioner will remain physically present before the trial Court
on each and every date fixed in this case till the conclusion of the
trial and one of the bailors will be his close relative and another
will be of local resident having immovable property within the
jurisdiction of the trial court and also subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
However, the trial Court will not be prejudiced in trial
for the deposit of the aforesaid amount which is only condition for
granting of anticipatory bail to the petitioner.
(Jaya Roy, J.)
Satayendra