In an application for anticipatory bail, the single judge rejected the petitioner's prayer as his vehicle was seized loaded with coal and no documents proving lawful transportation were produced to justify the benefit of anticipatory bail.
Petitioner's prayer for anticipatory bail was rejected and the application is dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No.2262 of 2015
Surajdeo Prasad. ………. Petitioner.
-Versus-
The State of Jharkhand. .……... Opposite Party.
CORAM : HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner: Mr. Kalyan Banerjee, Advocate For the State : A.P.P.
02/11.08.2015: Heard learned counsel for the parties.
The petitioner is an accused in a case registered under Sections 414 and 34 of the Indian Penal Code.
It is alleged that a vehicle, bearing Registration No.JH-10-AR-3343, loaded with 1.5 MT of coal, was seized. When the police party reached to the place, the loaders fled away. Nobody appeared to produce any document either relating to vehicle or against coal.
It is submitted that the petitioner happens to be owner of the said vehicle, He has or had not transported coal without paper.
Counsel for the State has opposed the petitioner's prayer for anticipatory bail.
Since the vehicle belonging to the petitioner was seized loaded with coal and no document against transportation of coal was produced, I do not feel inclined to give benefit of Section 438(2) of the Code of Criminal Procedure to the petitioner in connection with Baliapur P.S. Case No.21 of 2015, corresponding to G.R. No.567 of 2015.
Accordingly, petitioner's prayer for bail stands rejected.
(D. N. Upadhyay, J.)
Sanjay/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case concerning illegal coal transportation.
Whether the absence of documents proving proper transportation of coal warrants grant of bail.
1 provisions across 1 enactments
Surajdeo Prasad
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
