IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5909 of 2022

Om Prakash

…… Petitioner

Versus

The State of Jharkhand

…… Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Kumar Nilesh, Advocate

For the State

: Mr. Bhola Nath Ojha, A.P.P.

…..

Order No.03/ Dated:22.08.2022

Heard learned counsel for the parties.

Apprehending his arrest in connection with Barhi P.S. Case No. 01 of

2015 corresponding to G.R. No. 05 of 2015 instituted under Section 420

of the Indian Penal Code, the petitioner has moved this Court for grant of

privilege of anticipatory bail.

As per F.I.R., it is alleged that to earn more profit coal has been

illegally transported to other places by the petitioner.

Learned counsel for the petitioner has submitted that petitioner is

innocent and has committed no offence at all rather he has been falsely

implicated in this case only on the basis of violation of transport challan

issued for transporting coal. Hence, Section 420 of the Indian Penal Code

is not attracted in this case. Petitioner is the owner of Ms. Vijay and Sons

and has purchased coal from Jamadoba Washery Tailing Tata Steel Ltd.

and taxes were also paid and transport challan was also issued. Petitioner

has no criminal antecedent. It is lastly submitted that the petitioner

undertakes to co-operate with the investigation of the case and also abide

by all terms and conditions which may be imposed in the matter of

granting anticipatory bail to the petitioner. Hence, the petitioner may be

extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for

anticipatory bail of the petitioner and submitted that there is violation of

traffic challan issued for transportation of coal. There is specific allegation

that as per transport challan coal has to be delivered to Om Prakash Ms.

Vijay and Sons, Sindri Dhanbad but the coal was delivered illegally to

Sanjay Kumar Varun, Road Japla, Palamau.

Considering the rival submissions of learned counsel and materials

available on record, I am inclined to grant privilege of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the

Court below within four weeks from today and in the event of his arrest or

surrendering, he will be enlarged on bail on furnishing bail bond of

Rs.20,000/- (Twenty thousand) with two sureties of the like amount each

to the satisfaction of learned Judicial Magistrate at Hazaribagh in

connection with Barhi P.S. Case No. 01 of 2015 corresponding to G.R.

No. 05 of 2015 with the condition that he will co-operate with the

investigation of the case and appear before the investigating officer as and

when noticed by him and furnish his mobile number and photocopy of the

Aadhar Card with an undertaking that he will not change his 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.

(Pradeep Kumar Srivastava, J.)

R.K