Om Prakash Roy vs State Of Jharkhand

Learned counsel for the petitioner Mr. Randhir Kumar undertakes to remove the following surviving defects within a period of two weeks. ix (i) Spelling of petitioner's name stated at index, page no. 1 and vakalatnama may be verified / corrected with impugned order.

Heard learned counsel for the Petitioner and learned A.P.P for the State.

Petitioner who is the owner of the truck bearing registration no. BR-03G- 1941, seeks protection in terms of section 438 of the Cr. P.C in connection with Chouparan P.S. Case No. 33/2020 instituted under sections 414 and 34 of the Indian Penal Code and section 30(ii) of Coal Mines Act and pending in the Court of Miss Saudamini Singh, learned Judicial Magistrate, 1st Class, Hazaribag.

Learned counsel for the petitioner submits that as per the allegation, two tonnes of coal was found in the vehicle being driven by Jairam Ray, driver who was arrested. It is submitted that driver also disclosed that coal was purchased from the cyclist engaged in transporting the coal. Petitioner has got no connection with the alleged act, but because of the fault of the driver, he may face unnecessary incarceration. He has got no criminal antecedent. Therefore, he may be granted anticipatory bail.

Learned Special P.P. has opposed the prayer. He submits that the petitioner being the owner of the truck is responsible for the illegal act undertaken in his vehicle.

I have considered the submissions of the learned counsel for the parties and taken note of the facts and circumstances. Having regard to the fact that the petitioner is the owner of the truck and alleged act was undertaken in the vehicle by the driver Jairam Ray, petitioner deserves the privilege of anticipatory bail. Let the petitioner Om Prakash Roy, in the event of his surrender or arrest within a period of four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of Miss Saudamini Singh, learned Judicial Magistrate, 1st Class, Hazaribag in connection with Chouparan P.S. Case No. 33/2020, subject to the condition as laid down under section 438(2) of the Cr. P.C. and the petitioner and his bailors shall not change their address or mobile no. without prior permission of the learned Trial Court. He will cooperate in the investigation.