Advocates:
['BINIT CHANDRA', '', 'SAHBAJ AKHTAR', 'VIJAY KUMAR SINHA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.5752 of 2022

1.Nand Kishor Singh

2.Arun Kumar

.....

… Petitioners

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioners

: Mr. Binit Chandra, Advocate

For the State

: None

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05/12.09.2022

Heard learned counsel for the applicants and learned A.P.P. for the

State.

This anticipatory bail application has been filed on behalf of the

abovenamed applicants seeking anticipatory bail in connection with Bermo P.S.

Case No.26 of 2022 registered under Sections 379, 411/34 of the Indian Penal

Code pending in the court of learned S.D.J.M., Bermo at Tenughat.

Learned counsel for the applicants has submitted that the F.I.R. of

this case was lodged against the owners of the two motorcycles which were

laden with illegal coal.

Learned counsel for the applicants has submitted that the applicant

no.1 is the owner of Bajaj discover motorcycle bearing registration no. JH 09 G

5192 and the applicant no.2 is the owner of Hero Honda CD Dawn motorcycle

bearing registration no. JH 09 E 4196. It is further submitted that the applicants

had sold their motorcycles to someone and they had no concern with the alleged

offence.

No one appears on behalf of the State to oppose this application.

Admittedly both the applicants are the registered owner of the

aforesaid motorcycles and these motorcycles cannot be used for transporting any

goods. In this case both the motorcycles were involved in carrying/transporting

the illegal coal. As such no case of anticipatory bail is made out. Accordingly, the

applicants’ prayer for anticipatory bail is, hereby, rejected.

(Subhash Chand, J.)

Rohit