High Court Jharkhand High Court

Rathu Lal Bauri vs State Of Jharkhand on 23 September, 2011

Jharkhand High Court
Rathu Lal Bauri vs State Of Jharkhand on 23 September, 2011
              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                     A.B.A. No. 3168 of 2011
                                           ------
              Rathu Lal Bauri                           ...  ......          Petitioner
                                           Versus

              The State of Jharkhand                ..   ....   ...         Opp. Party
                                           ------

              CORAM:         HON'BLE MR. JUSTICE D.N. UPADHYAY
                                       ------
              For the Petitioner       :      Mr. A.K. Sahani, Advocate
              For the State            :      A.P.P.
                                       -----

03    /23.09.2011

Heard learned counsel for the parties.

Petitioner is accused in connection with Barhi P.S. Case No.159 of 2011

corresponding to G.R. Case No.1606 of 2011 registered under Sections 414 & 120-B of

the Indian Penal Code and Section 20(ii) of the M.M.R.D. Act, pending in the Court of

learned Chief Judicial Magistrate, Hazaribagh.

It reveals that a truck bearing registration No.JH02L 0334 belonging to the

petitioner was seized by the police while it was carrying 30 metric tonnes steam coal

without valid paper.

It is submitted that it is the fault of the driver who did not produce the paper

before the police at the time of his arrest. As a matter of fact the truck was being

plied with valid document.

Learned counsel for the State opposed the prayer for bail.

Since the truck belonging to the petitioner was found carrying 30 metric

tonnes of coal without valid paper, I am not inclined to enlarge the petitioner, above

named, on anticipatory bail.

Accordingly, this anticipatory bail application stands rejected. Petitioner is

directed to surrender in the court below within three weeks for seeking regular bail

which will be disposed of on the day of surrender itself by the Court below without

being prejudiced with this order considering the fact that driver has been granted

bail.

(D.N. Upadhyay, J)

NKC