MD. HARUN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) Learned counsel appearing for the petitioner summits that a truck bearing No. JH 13A-2702, carrying iron scrap when was intercepted by Simaria Police, a case was registered as Simaria P.S. Case No. 65 of 2007 under Sections 414/120B of the Indian Penal code on the premise that the said iron scrap was stolen property. Thereupon, the petitioner preferred an application for grant of anticipatory bail before the learned Sessions Judge, Chatra, who called for a report from Simaria Police Station. Thereupon, the police enquired into the matter and did report that iron scrap had been purchased in auction sale from Indian Institute of Natural Resins and Gums (Indian Lac Research Institute), Ranchi by one Md. Istiaque Alam from whom petitioner used to purchase iron scrap but documents in this regard could not be verified from the record maintained by Md. Istiaque as he being annoyed with the petitioner, did not want the petitioner to come out of trouble. Upon it petitioner was granted anticipatory bail. Thereafter, the petitioner did file an application for release of the truck as well as iron scrap and the court below was pleased to release the truck in question but refused to release the iron scrap on the ground that the Police have suspected the genuineness of the documents under which the iron scrap had been purchased. Thereupon, revision was preferred before the learned Sessions Judge, which was also dismissed on the ground that investigation is pending.

(3.) Being aggrieved with that order, the petitioner has preferred this application.