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Judgment
7 paragraphs · 255 wordsHeard the parties.
The petitioners apprehend their arrest in connection with Manjhiaon P.S. Case No. 44 of 2020.
Two tractors and trolleys illegally loaded with sand were seized. The petitioner no. 1 appears to be the owner cum driver of the tractor bearing registration no. JH14B7785. So far as petitioner no. 2 is concerned, he is the owner of Tractor No. JH 14A 4541 while the petitioner no. 3 is its driver.
It appears from the allegation itself that the petitioner nos. 1 and 3 were responsible for the loading and transportation of illegally excavated sand in their tractors. In such view of the matter, therefore, I am not inclined to extend the privilege of anticipatory bail to the petitioner nos. 1 and 3 and their prayer is hereby rejected.
So far as the petitioner no. 2 is concerned, since he is the owner of one of the seized tractors, I am inclined to grant anticipatory bail to him.
Accordingly, petitioner no 2- Sajaruddin Khan is directed to surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Garhwa, in connection with Manjhiaon P.S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands disposed of.