Anant Priya Sen & Ors vs The State of Jharkhand

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 414 / 120-B of the Indian Penal Code read with Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner purchased the coal from M/s. Shiv Shakti Traders , Ramgarh for transporting the said purchased coal from Ramgarh to Jamshedpur. While the coal was being transported, the Sugam ''P'' (statutory form) issued by the Department of Commercial Taxes Department, Government of Jharkhand was available in the vehicle but the police intercepted the vehicle treating it to be stolen coal. The learned counsel further submits that the petitioner has legally purchased the coal from M/s. Shiv Shakti Traders , Ramgarh, which is evident from generation of statutory form Sugam ''P'' by the Commercial Tax Department and the petitioner is not concerned as to from where the said coal was purchased by M/s. Shiv Shakti Traders , Ramgarh. The petitioner cannot be held responsible for the sources of coal, which was sold by M/s. Shiv Shakti Traders , Ramgarh. The petitioner is in judicial custody since 21.10.2016 and therefore, his prayer for bail may be considered sympathetically.

Learned A.P.P. opposes the petitioner''s prayer for bail. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur in connection with Sitaramdera P.S. Case no. 171 of 2016 corresponding to G.R. No. 3148 of 2016.