IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 262 of 2011
Sudan Mandal @ Sudhan Chandra Mandal ............... Petitioner
Versus
The State of Jharkhand ......... Opposite Party.
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR
For the Petitioner : Mr. Radhey Shyam
For the State : A.P.P.
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06 /9.06.2011
Heard the Learned Counsel for the petitioner and learned counsel
on behalf of State.
Petitioner is apprehending his arrest in a case registered u/s
414,467,468,471 and 120B of the I.P.C.
Learned counsel for the petitioner submitted that the allegation as
per the F.I.R is that cement which was seized from Tata 407 truck bearing
no. BR 17 0G0405 had 100 bags of cement had forged mark of ACC
cement on the bags and it is alleged that the same was taken out from the
factory of petitioner’s son namely Hitech Mini Cement Plant.
It is submitted by learned counsel for the petitioner that he has
nothing to do with the factory of his son for which his son namely Asit Kr.
Mandal has got proper license. It is further submitted that petitioner has no
knowledge that those seized cement near the Rangdih More of G.T. Road
were purchased from his son.
Learned counsel for the state has opposed the prayer but admitted
that petitioner is the father of the owner of licensed factory.
In the facts and circumstances of the case, since, petitioner is father
of the owner of the factory and he has nothing to do with the seized
cement, hence he is directed to surrender in the court below within two
weeks and in the event of his surrender he shall be enlarged on bail on
furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Dhanbad in connection with Govindpur P.S.No. 379 of 2010,
corresponding to G.R. No. 3464 of 2010 subject to the conditions laid down
under section 438(2) Cr.P.C. Further, the bailers must be local having
property within the jurisdiction of the court below. Further, petitioner will
appear in the court below once every month on the date fixed till the
conclusion of the trial, otherwise his bail bond will be canceled.
(Pradeep Kumar, J.)
A. Mohanty/-
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