IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 505 of 2011
1. Amit Kumar Mandal
2. Ambuj Mandal @ Asit Kumar Mandal ............... Petitioners
Versus
The State of Jharkhand ......... Opposite Party.
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR
For the Petitioners : Mr. Radhey Shyam
For the State : A.P.P.
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03 /9.06.2011
Heard the Learned Counsel for the petitioners and learned counsel
on behalf of State.
Petitioners are apprehending their arrest in a case registered u/s
414,467,468,471 and 120B of the I.P.C.
Learned counsel for the petitioners submitted that the allegation as
per the F.I.R is that cement which was seized from Tata 407 truck bearing
no. BR 17 0G0405 had 100 bags of cement had forged mark of ACC
cement on the bags and it is alleged that the same was taken out from the
factory of petitioner No. 2, Ambuj Mandal @ Asit Kumar Mandal.
It appears that petitioner No. 2, Ambuj Mandal @ Asit Kumar
Mandal is the owner of the factory namely Hitech Mini Plant from where the
fake ACC cement bags were being carried out. In that view of the matter, I
am not inclined to enlarge the petitioner no.2,Ambuj Mandal @ Asit Kumar
Mandal on bail. Hence, his prayer for bail is rejected.
So far as petitioner no.1, Amit Kumar Mandal is concerned, he has
nothing to do with the factory of petitioner no.2.
In the facts and circumstances of the case, petitioner no.1, Amit
Kumar Mandal is directed to surrender in the court below within two weeks
and in the event of his surrender he shall be enlarged on bail on furnishing
bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of Chief Judicial Magistrate, Dhanbad
in connection with Govindpur P.S.No. 379 of 2010, corresponding to G.R.
No. 3464 of 2010 subject to the conditions laid down under section 438(2)
Cr.P.C. Further, the bailers must be local having property within the
jurisdiction of the court below. Further, petitioner No.1, Amit Kumar
Mandal will appear in the court below once every month on the date fixed
till the conclusion of the trial, otherwise his bail bond will be cancelled.
(Pradeep Kumar, J.)
A. Mohanty/-