IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2847 of 2011 ------ Md. Ashad Ayub ... ...... Petitioner Versus The State of Jharkhand .. .... ... Opp. Party ------ CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY ------ For the Petitioner : Mr. Prabir Chatterjee, Advocate For the State : A.P.P. ----- 02/01.09.2011
Heard learned counsel for the parties.
Petitioner is accused in connection with Katras (Kapuria) P.S. Case No.149 of
2011 corresponding to G.R. Case No.2136 of 2011 registered under Sections 420, 467,
468, 471, 120-B, 413 & 414 of the Indian Penal Code which is pending in the Court of
learned Chief Judicial Magistrate, Dhanbad.
It reveals from the F.I.R. that a truck bearing registration No.BR17G-7779,
loaded with 18 tonnes of steam coal, was seized by the police. No valid document
against transportation was furnished as a result instant case has been instituted.
It is submitted that the petitioner is the owner of the said truck but he is not
concerned with the illegal trade of coal. If the coal was transported without valid
paper, the driver will be held responsible. The driver has been granted regular bail by
a Bench of this Court.
Learned counsel for the State has opposed the prayer for bail.
Since the truck, belonging to the petitioner, was found carrying coal without
valid paper, I am not inclined to enlarge the petitioner, above named, on anticipatory
bail.
Accordingly, this anticipatory bail application is rejected. Petitioner is directed
to surrender in the court below within a fortnight for seeking regular bail which will
be considered by the Court below without being prejudiced with this order.
(D.N. Upadhyay, J)
NKC