IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1761 of 2011
1. Abdul Kalam Khan
2. Shamim Khan ... ... ... Petitioners
Versus
The State of Jharkhand ... ... ... Opposite Party
CORAM : HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioners : Mr. Prabir Chatterjee, Advocate
For the State : Mr. T. Kabiraj, Advocate
02/20.06.2011
Heard learned counsel for the petitioners and learned A.P.P. for the
prosecution.
Petitioners, Abdul Kalam Khan and Shamim Khan are apprehending
their arrest for the offence under Sections 414/34 of the Indian Penal Code in
connection with Govindpur P.S. Case No. 78 of 2011 corresponding to G.R. No.
749 of 2011.
There is allegation that one truck loaded with coal was apprehended
by the police which was suspected to be stolen property.
Learned counsel for the petitioner submits that the petitioners are the
owner and driver of the truck and Annexure2 shows that the documents which
were subsequently produced before the police, was found to be genuine.
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, Abdul Kalam Khan and Shamim Khan 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, Dhanbad in connection with Govindpur P.S. Case No. 78 of
2011 corresponding to G.R. No. 749 of 2011 subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure.
(H.C. Mishra, J.)
Anit