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 25 quintal coal was seized and seizure list was prepared and FIR was registered against the owner and driver of the seized tractor and trailer along with coal.

5. Learned counsel for the petitioners has submitted that the petitioner Asabbar Sk @ Asabber Sk is owner and petitioner-Najmi Sk. @ Najmi Shekh @ Najmi is driver of the seized vehicle. It is further submitted that petitioners are innocent and have committed no offence as alleged in the FIR. Petitioners have no concern with alleged seized coal and have no concern with such business. No incriminating articles have been recovered from the seized tractors and they have no criminal antecedents. Petitioners undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.

6. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that in spite of protection from arrest extended by this Court and issuance of notice under Section 41(A) of Cr.PC, four times by the concerned Investigating Officer of this case since the month of January to August, 2023, petitioners are not appearing before the concerned Investigating Officer and have not co-operated with the investigation and during raid conducted by police in the aforesaid period at their house, they were found absconding and not available for interrogation. on several dates. There is requirement of custodial interrogation with the petitioners for thorough investigation of the case. The alleged vehicle is involved in this case without displaying registration number was purposely used in illegal business of coal and seized at the very odd time, while transporting 25 quintal coal. There is no reasonable explanation on behalf of the petitioner as to why they are not co-operating with the investigation and absconding from their house. Theft of coal and other minerals is rampant in the State causing huge revenue loss. Hence, petitioner may not be extended privilege of anticipatory bail.

7. For better appreciation provision of under Section 41(A) of Cr.PC is extracted as under:-

[41-A. Notice of appearance before police officer- (1) [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) where such person complied and continues to comply with the no