JHARKHAND AT RANCHI A.B.A No. 2545 of 2012 · Jharkhand High Court

CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY For the Petitioners For the State: : Mr. Sanjay Kumar Pandey, Advocate. : APP. 03/03.10.2012 Heard the parties. The petitioners are accused in connection with Ramna P.S. Case No. 55/2012 [G.R. No. 744 of 2012] for the offences under Sections 379, 411 of the Indian Penal Code and Section 4/ 14 of the Mines and Mineral Act, pending in the Court of Civil Judge (Junior Division) - IV, Garhwa. It reveals from the written report and the seizure list that one Mahendra Tractor was found carrying stone chips without valid documents. It is submitted that the petitioner no. 2 - Mantu Singh has no concern with the Tractor and Trolley or the stone carried over it. It has wrongly been recorded in the impugned order that both the petitioners are the owners of said Tractor. As a matter of fact Sanjeev Singh is the owner of said Tractor. Learned counsel appearing for the State has opposed the prayer. Considering the submissions advanced by the learned counsel, the petitioner no. 2 - Mantu Singh is directed to surrender before the Court below within a period of three weeks from today and on such surrender, he is directed to be released 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 Civil Judge (Junior Division) - IV, Garhwa in connection with Ramna P.S. Case No. 55/2012 [G.R. No. 744 of 2012] subject to the condition as laid down under Section 438 (2) Cr.P.C. So far petitioner no. 1 - Sanjeev Singh is concerned, he is the registered owner of the Tractor which was found carrying stone chips without paper. Considering the said fact, I do not feel inclined to consider the anticipatory bail of the petitioner no. 2 - Sanjeev Singh under Section 438 Cr.P.C. Accordingly, the same is rejected. RC (D. N. Upadhyay, J.)