IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 647 of 2011 1.
Shyamlal Mandal
2. Babujan Ansari …..Petitioners
Versus
State of Jharkhand ………Opposite Party
CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR
For the Petitioners : Mr. Dilip Kumar Jaiswal, Adv.
For the State : APP. 6/1.7.2011 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Earlier, the anticipatory bail application of petitioner no.1, namely,
Shyamlal Mandal was withdrawn by a Bench of this Court vide order dated 15.6.2011.
The petitioner no.2, Babujan Ansari, who is an accused for offence under
Sections 413/414/34 of the Indian Penal Code, prays for anticipatory bail, apprehending
his arrest in connection with Nawadih P. S. Case No. 58 of 2010, corresponding to G. R.
No. 787 of 2010.
Learned counsel for the petitioner submitted that on secret information the
informantpolice party recovered 150 tonnes of coal from an open tand. Thereafter the
police know from the villagers that the fifteen persons, who were engaged in illegal coal
trading. Learned counsel further submitted that the petitioner has nothing to do with the
coal in question and he is not dealing in coal, hence the petitioner no.2, Babujan Ansari
prays for anticipatory bail.
Learned counsel for the State has opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, the petitioner no.2, Babujan
Ansari is directed to surrender before the court below within two weeks from today, and
in the event of his surrender, he shall be released on anticipatory bail on furnishing bail
bond of Rs. 10,000/ ( rupees ten thousand) with two sureties of the like amount each to
the satisfaction of Additional Chief Judicial Magistrate, Bermo at Tenughat in
connection with Nawadih P. S. Case No. 58 of 2010, corresponding to G. R. No. 787 of
2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further
conditions that (i) one of the bailors would be local resident having property within the
jurisdiction of the Court (ii) the petitioner will present before the Court below once in
every month on the date fixed, otherwise his bail bond shall stand cancelled.
(Pradeep Kumar, J.)
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