LAWS(JHAR)-2011-9-225

RAJANI DEVI Vs. STATE OF JHARKHAND

Decided On September 13, 2011
RAJANI DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is accused in connection with Giridih Sadar Muffasil P.S. Case No.90 of 2011 corresponding to G.R. Case No.727 of 2011 registered under Sections 413 & 414/34 of the Indian Penal Code, Section 39/40 of Mines Mineral Act and Section 33 of Indian Forest Act which is pending in the Court of learned Chief Judicial Magistrate, Giridih.

(2.) It reveals that the truck belonging to the petitioner was found loaded with 11 metric tonnes of coal and the coal was transported without valid paper as a result it was seized and instant case was registered. It is submitted that owner of the coal has filed a petition for the release of coal in his favour and it is incorrect to say that coal was transported without valid paper. Learned counsel for the State opposed the prayer for bail. Since no valid document against transportation of coal was found and the truck belonging to the petitioner was seized loaded with coal, I am not inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, this anticipatory bail application stands rejected. Petitioner is directed to surrender in the court below within three weeks from the date of this order for seeking regular bail and on such surrender, petitioner's prayer for bail shall be disposed of on the date of surrender itself which will be considered by the Court below without being prejudiced with this order.

(3.) Accordingly, this anticipatory bail application stands rejected.