IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3170 of 2011
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Subodh Thakur ... ...... Petitioner
Versus
The State of Jharkhand .... ... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioner : Mr. Atanu Banerjee, Advocate
For the Opp. Party : A.P.P.
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03 /23.09.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 413 & 414 of the
Indian Penal Code and Section 33 of the Indian Forest Act.
It reveals from the F.I.R. that after receiving secret information the police party
proceeded to raid the premises of Maa Tara Coal Company Pvt. Ltd. Smelling the
police the persons occupying the tractor loaded with coal started fleeing away
followed by those accused who had been to the place on their motorcycles. They
were duly chased after which one of the accused was apprehended whereas other
occupants of two motorcycles succeeded to flee away. The petitioner was one
among the persons who fled away after leaving their motorcycles at the place.
It is submitted that the petitioner has no concern either with the said company
or with the coal or with the tractors seized in connection with this case. The
motorcycle belonging to the petitioner was lifted from his house and he never had
been to the place of occurrence.
Learned counsel for the State opposed the prayer for bail.
Considering aforesaid facts and circumstances coupled with the fact that the
petitioner was neither apprehended at the spot nor anything incriminating has been
recovered from his possession, he is directed to surrender in the Court below within
three weeks and on such surrender or in the event of his arrest the petitioner shall be
released on bail by the Court below on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, Bermo at Tenughat in connection with Nawadih
P.S. Case No.43 of 2011 corresponding to G.R. Case No.512 of 2011 subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
(D.N. Upadhyay, J)
NKC