IN THE HIGH COURT OF JHARKHAND AT RANCHI.
B.A. No. 6876 of 2008
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1. Santosh Kumar Goswami
2. Viccky Kumar Yadav ... ... Petitioners
-V e r s u s-
The State of Jharkhand ... ... Opposite Party.
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioners : - M/s. A. Banerjee, D.K. Deo, Advocates.
For the State : - A.P.P.
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02/ 18.10.2008
The petitioners are accused for the offence under Sections 406,
407 and 379 of the Indian Penal Code.
Heard learned counsel for the petitioners and learned counsel
for the State.
Learned counsel for the petitioners submits that the instant
case is totally misconceived against the petitioners, who happen to
be driver and khalasi of the truck seized in this case. It is further
submitted that even according to the allegations of the prosecution,
the petitioners have followed instructions of their master and they
have not made any wrongful gain for themselves in the disposal of
the consignment of the sponge iron which was transported by the
petitioners. It is lastly submitted that the petitioners have got no
criminal antecedent to their discredit and have suffered detention
from the date of their arrest i.e. on 25.07.2008.
Learned counsel for the State opposes the prayer for bail.
In the facts and circumstances of the case, the petitioners
above named are directed to be released on bail on their furnishing
bail bond of Rs. 10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, koderma, in connection with Koderma (Telaiya) P.S.
Case No. 328 of 2008 corresponding to G.R. No. 528 of 2008 but with
condition that the petitioners shall remain physically present before the trial
court on each and every date till the conclusion of the trial.
(D.G.R. Patnaik, J.)
Sunil/