IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2747 of 2011
1. Bablu Sao
2. Kauleshwar Sao
3. Bhuneshwar Oraon ...... Petitioners
Versus
The State of Jharkhand ...... Opposite Party
.....
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioners : Mrs. Jashoda Kumari, Advocate.
For the Opposite Party : A.P.P
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03/11.10.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 379
and 411 of the Indian Penal Code and Section 33 of the Indian Forest
Act.
It is alleged that accused persons have collected 50 M.T. of
coal through illegal mining and they fled away after seeing the police
party.
It is submitted that the petitioners are named in the F.I.R.,
but they are not concerned with the coal nor with the places. They do not
have any criminal antecedent.
Learned counsel for the State has opposed the prayer for
anticipatory bail.
Admittedly, coal was recovered from open place, which is
accessible to everyone.
In the aforesaid facts and circumstances, petitioners, above
named, are directed to surrender in the Court below within a fortnight
and on such surrender or in the event of their arrest they shall be
released on bail by the Court below on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Latehar in
connection with Balumath P. S. Case No. 24 of 2010 corresponding to
G. R. No. 71 of 2010 subject to the conditions as laid down under Section
438 (2) of the Cr.P.C.
Kamlesh/- (D.N. Upadhyay, J)