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2023 Supreme(Jhk) 551

PRADEEP KUMAR SRIVASTAVA
Asabbar Sk. @ Asabber Sk. – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Gautam Kumar, Advocate
For the Opposite Party : Mr. Satish Prasad, Addl.P.P., Mr. Shree Prakash Jha, Adv.

ORDER :

Heard learned counsel for the parties.

2. Apprehending their arrest in connection with Pakur(M) P.S. Case No. 240 of 2022 instituted under Sections 379, 414 and 34 of the Indian Penal Code and Section 30(ii) of Coal Mines Act and Section 33 of Indian Forest Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.

3. Both anticipatory bail applications are arising out of same FIR and taken together for hearing.

4. The FIR was lodged by Rajdeo Pandey, ASI, Pakur (M) P.S. alleging inter alia that on 28.09.2022 at about 9:50 p.m., the informant and other police patrolling party went to night patrolling and on 29.09.2022 at about 3:30 am, received secret information that a tractor loaded with coal was moving towards Kashila More Bir, Gopalpur going to West Bengal. For verification of information, the informant and other police personnels reached at the said place and saw a tractor was coming but the driver of the tractor seeing the police personnels, left the vehicle and fled away taking advantage of darkness. It is further alleged that the tractor bearing Chasis No.BWRSJ1144110S3, Engine No.3102NL24A1134652F33 (Sonalika DI-42RX Blue Color) loaded with

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