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High Court of JharkhandJudgment

A.B.A./5303/2017 of Binay Kumar Mishra Alias Binay Kr Mishra And Ors Vs The State Of Jharkhand

CourtHigh Court of Jharkhand
Decided on
BenchHon'Ble Mr. Justice Anil Kumar Choudhary

A.B. A. No. 5303 of 2017

1

Binay Kumar Mishra

2

Sanjay Kumar

3

Md. Alam Khan

4

Md. Nasim

5

Rajesh Kumar Singh … Petitioners Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner: Mr. Lukesh Kumar, Adv. For the Opposite Party: Addl. P.P. 02 / 30.08.17 Apprehending their arrest, the petitioners have mov ed this Court for grant of privilege of anticipatory bail i n connection with Gola P.S. Case No. 60 of 2017 (G.R. No. 626 of 2017) registered under section 420/120(B)/34 of the Indian Penal Code, Jharkhand Mineral Transit Challan Regulation Rule No. 9 year 2005 and under section 4 & 21 of MMDR Act, 1957. Heard the learned counsel for the petitioners and the learned Addl. P.P. for the State. The learned counsel for the petitioner s submits that the allegations against the petitioners is that petitioners are the owner- cum-driver of the vehicles (Trucks), which were seized for transporting illegally extracted coal and as the petitioners allegedly could not produce the mining challan. It is, further, submitted that the petitioners are no way concerned with the seized coal and they are only the transporters. As mentioned in paragraph 18 of the petition the petitioner has no criminal antecedent. He further submits that the co- accused with similar allegations has already been granted anticipatory bail by this court vide order dated 02.08.2017 passed in ABA No. 4392 of 2017. The petitioners are ready and willing to furnish sufficient security including cash security. Hence, the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a f it case where the petitioners be admitted to anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 20,000/- each and furnishing bail bond of Rs. 10,00 0/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1 st Class, Ramgarh, in connection with Gola P.S. Case No. 60 of 2017 (G.R. No. 626 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. (ANIL KUMAR CHOUDHARY, J.) Smita/-

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Source: the judgment as published by the High Court of Jharkhand. Select a paragraph number to link to it; shift-click a second number to link to a range; click it again to clear. Text on this page may contain errors from the original document: use the court copy for the official text.