In this anticipatory bail petition connected with a coal trading case, the High Court of Jharkhand, Ranchi rejected the prayer for bail due to direct allegations against the proprietor of M/s Maa Jagdamba Industries.
Prayer for anticipatory bail rejected; petitioner directed to surrender before the Court below within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5780 of 2022
Jagdish Kumar … …. Petitioner Versus The State of Jharkhand … …. Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----For the Petitioner : Mrs. J.K. Mazumdar, Advocate For the State : Mr. P.D. Agarwal, A.P.P. -----
Oral Order
06 / Dated : 24.08.2022
Apprehending his arrest, petitioner- Jagdish Kumar has moved this Court for grant of privilege of anticipatory bail in connection with Chirkunda (Galfarbari O.P.) P.S. Case No. 24 of 2022 registered under Section 413, 414, 34 of Indian Penal Code, Section 30(ii) of the Coal Mines Act, Sections 4, 21 of MMDR Act and Rules 9, 13 of JMPIMTS Rules, 2017.
Heard the parties.
It is submitted by learned counsel for the petitioner that the petitioner is proprietor of M/s Maa Jagdamba Industries and he has been running his plant as per rule and regulations for four years. The seized coal was not stolen and had been purchased on valid bills and challan is from valid sources. The stock register was also up-to-date showing 628.22 tons coal on the said date of seizure. The petitioner had moved the Sub Divisional Officer for re-measurement of coal stock at the plant. The offence is not made out on the basis of materials on record.
Learned A.P.P. has opposed the anticipatory bail petition. It is submitted that on the information of illegal trading of coal a raid was conducted and 930 tons of coal was found in the Industries premises. In the raid a cycle loaded with coal was also seized. The manager of the industries produced stock register according to which also there was an excess coal of 343.41 tons. It is also pointed out that several documents which have been annexed with the anticipatory bail application to show that they were valid documents of purchase and invoice had not at all related to petitioner’s firm.
In view of the direct allegation against this petitioner being involved in illegal trade of coal, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected. Petitioner is directed to surrender before the Court below within two weeks.
(Gautam Kumar Choudhary, J . )
AKT
2 issues framed by the court
Whether granting anticipatory bail in connection with illegal trading of coal allegations would be appropriate.
Whether the materials on record show the offence is made out.
4 provisions across 4 enactments
Jagdish Kumar
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
