KRISHNA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the bail applications are heard together, as they arise out from the same F.I.R. and are being disposed of by this common order.

(2.) Petitioners are apprehending their arrest in connection with Tandwa P.S. Case No. 115 of 2016 dated 21.11.2016, corresponding to G.R. No. 1459 of 2016, registered under Sections 467, 468, 471 of the I.P.C., lodged on the basis of one written report given by Hulash Yadav, Proprietor of Maa Ashtbhuji Coal & Transport Enterprises having its office at Village - Honhey, P.O.- Saradhu, P.S. - Tandwa, District Chatra alleging that he is the Convenor of the company which has entered into a contract with M/s Adhunik Power & Natural Resources Ltd., Kandra, Jamshedpur for lifting coal for power plant of M/s Adhunik Power & Natural Resources Ltd. from C.C.L. and for transporting the same by engaging trucks. The coal was lifted from Amrapali Colliery of the CCL and payment was made to the trucks carrying the coal on the daily basis. It is alleged that in the challan weight of the coal DO number is mentioned and the aforesaid vehicle proceeded from Khalari, Ranchi, Bundu, Tamar to Kandra, but it is alleged that the owners and the drivers in connivance with the other persons instead of taking coal to M/s Adhunik Power Plant used to divert and sell in blackmarket.

(3.) This fact was revealed on 07.11.2016 when the challan was being examined, detail registration of the truck which were carrying the coal and names of the proprietors has been given alleging that approximately 5000 tons of coal has been diverted and instead of supplying to M/s Adhunik Power Plant, they have sold the coal in black market. On the basis of these allegations, the instant case was instituted.