High Court Jharkhand High Court

Basudeo Mahto. vs State Of Jharkhand on 26 May, 2011

Jharkhand High Court
Basudeo Mahto. vs State Of Jharkhand on 26 May, 2011
                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                              A.B.A. No.1622 of 2011

          Basudeo Mahto                              .....   Petitioner
                                       Versus
          The State of Jharkhand                     ....      Opposite Party

          CORAM:         HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner         :     Mr. Ravi Kumar Singh
          For the State              :     A. P.P.
                                     -----
2/26.5.2011

Heard the learned counsel for the petitioner and learned counsel for the
State.

Petitioner is apprehending his arrest in connection with Gomia P.S. Case
no.230 of 2010 corresponding to G.R. No.1162 of 2010 for the offence under
Sections 413/414/34 of the Indian Penal Code and Section 33 of the Indian Forest
Act.

Petitioner has been named in the FIR and this case relates to illegal mining
of the coal. One truck was apprehended and the driver Chandu Choudhary
disclosed that the petitioner was one of the persons who loaded the coal on the
truck.

Learned counsel for the petitioner submits that the petitioner is a labour
and pressed for anticipatory bail.

Learned A.P.P. opposed the prayer for anticipatory bail and submits that
the petitioner was involved in the offence.

In the aforesaid facts and circumstances, this is not a fit case for
anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner,
Basudeo Mahto is rejected. If the petitioner surrenders before the court below
and prays for regular bail, the defence of the petitioner shall be considered by the
court below and necessary order shall be passed in accordance with law without
being prejudiced by this order of rejection.

(H. C. Mishra, J)
R.Kumar