IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 534 of 2011
with
A.B.A. No. 543 of 2011
Manoj Sao @ Manoj Sahu... ....Petitioner ( in ABA 534/11)
Deoki Ram .......Petitioner ( in ABA 543/11)
Vs.
The State of Jharkhand ... .......Opposite Party( in both cases)
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioners: Mr. Jaiprakash, Sr. Advocate
( in ABA 534/11)
Mr. Yogesh Modi
( in ABA 543/11)
For the State: Mrs. M. Palit , APP ( in ABA 534/11)
Mr. S.K. Srivastava, APP
( in ABA 543/11)
5/20.04.2011
: Both the anticipatory bail applications arose from the
same, thus are heard together and disposed of by this order.
Heard Sri Jaiprakash for the petitioners and Ms. M. Palit ,
learned Additional P.P. for the State.
Investigating Officer is present in court in compliance of
order dated 18.4.2011. On query, after going through the case diary,
Investigating Officer was not able to produce any evidence to show
that the rice seized from the tempo of petitioner Manoj Sao @ Manoj
Sahu loaded from fair price shop of petitioner Deoki Ram. It appears
that Investigating Officer sent a report to C.J.M., Chatra stating that
investigation reveals that the occurrence is true but he has not been
able to show the basis on which he gave that report. Till now
Investigating Officer is not able to establish that the rice seized in this
case was allotted to fair price of petitioner Deoki Ram. I.O. has also not
made any enquiry or investigation on the claim of Bimal Sao, who filed
an application for release of rice being its owner. Thus, I find that
Investigating Officer is not performing his duty properly.
Since, there is nothing in the case diary as well as in the
FIR to establish that the rice in question was sold in black marketing
from fair price shop of petitioner Deoki Ram, I allow these anticipatory
bail applications and direct the petitioners to surrender in the court
below by 29.04.2011 and in that even the court below is directed to
enlarge both petitioners of aforesaid anticipatory bail applications, on
-2-
bail on furnishing bail bond of Rs. 10,000/-( Ten Thousand)each with
two sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Chatra in connection with Tandwa P.S. Case No. 3 of 2011 (
G.R. No. 28 of 2011), subject to the condition as laid down under
section 438(2) of the Cr.P.C.
Let this order be communicated to the DGP, Jharkhand ,
Ranchi for taking disciplinary action against the I.O. concerned.
( Prashant Kumar,J.)
Sharda/-