Chhathilal Sah v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioners For the State : Mr. M.B. Lal, Advocate : Mr. Sanat Kr. Jha, A.P.P ------ ------ Order No.05 Dated- 18.04.2023 Heard learned counsel for the parties. Apprehending their arrest in connection with Govindpur P.S. Case No. 255 of 2022 instituted under Sections 414 and 34 of the Indian Penal Code and Sections 21 of MMRD Act, the petitioners have moved this Court for grant of privilege of anticipatory bail. As per FIR, allegation is that petitioner Nos.1 and 2 are owner and driver respectively of the seized truck bearing Reg. No.JH-09S-9751 which was found indulged in illegal transportation of coal without valid transportation challan and other documents. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of petitioners and they were transporting the validly purchased coal. It is further submitted that the alleged coal has been released by the learned court on bail in favour of the real owner of the coal namely Yogendra Singh after producing valid documents.

Petitioners have no criminal antecedents and undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail. Learned S.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Civil Judge (Senior Division- II) Dhanbad in connection with Govindpur P.S. Case No. 255 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pappu/ (Pradeep Kumar Srivastava, J.)