IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3178 of 2011
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Chhotu Mian ... ...... Petitioner
Versus
The State of Jharkhand .... ... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioner : Mr. Atanu Banerjee, Advocate
For the Opp. Party : A.P.P.
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03 /23.09.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 413 & 414/34 of the
Indian Penal Code and Section 33 of the Indian Forest Act.
It is alleged in the F.I.R. that coal extracted through illegal mining from Baridih
forest area was being loaded on a truck bearing registration No.JH09G 7996 and the
loaded truck was apprehended at Kodwadih. It appears from the F.I.R. that petitioner
being the man of coal smuggler had got the truck loaded.
It is submitted that the informant has given name of petitioner without having
cogent information. No witness has come forward to say that the petitioner had got
the coal loaded on the truck. Petitioner has no concern either with the coal or with
the vehicle seized at the place of occurrence.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions advanced by learned counsel, above named
petitioner is directed to surrender in the Court below within three weeks and on such
surrender or in the event of his arrest the petitioner shall be released on bail by the
Court below on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties
of the like amount each to the satisfaction of learned Additional Chief Judicial
Magistrate, Bermo at Tenughat in connection with Nawadih P.S. Case No.56 of 2011
corresponding to G.R. Case No.712 of 2011 subject to the conditions as laid down
under Section 438 (2) of the Cr.P.C.
(D.N. Upadhyay, J)
NKC