IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 752 of 2011
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Kamal Nischal Chaudhary ... ... Petitioner
V e r s u s
The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
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For the Petitioner : Mr. Prabhat Kumar Sinha, Advocate.
For the State : Mr. Amaresh Kumar, A.P.P.
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02/20.04.2011
Anticipatory bail application filed by Kamal Nischal
Chaudhary, is moved by Sri Prabhat Kumar Sinha, learned counsel
for the petitioner and opposed by Sri Amaresh Kumar, learned
Additional P.P. for the State.
It is alleged that petitioner’s truck was going towards Bagodar
from Bishnugarh, whereas the coal loaded in the said truck is
required to be unloaded in Hazaribagh. It is submitted that during
the night period, it is not safe to go to Hazaribagh from Bishnugarh
due to MCC problem, thus, driver of the truck was going to
Hazaribagh via BagodarBarhi. It is submitted that it is settled law
that petitioner has right to took his truck through any route suitable
to him and he can’t be compelled to go through a particular route in
normal days. For this purpose, learned counsel for the petitioner
relied upon a order of this Court dated 06.07.2001 passed in
C.W.J.C. No. 3549 of 2000 (R).
Considering the aforesaid facts and circumstances, I allow this
application and direct the petitioner to surrender in the court below
by 29th of April, 2011 and in the event of his surrender, the learned
court below is directed to enlarge him on bail on his furnishing bail
bond of Rs. 10,000/(Ten Thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Hazaribagh, in connection with Bishnugarh P.S. Case No. 140 of
2010 corresponding to G.R. No. 2890 of 2010, subject to the
condition as laid down under section 438(2) of the Cr.P.C.
(Prashant Kumar, J.)
sunil/