Prakash Nonia vs The State of Jharkhand

Jaya Roy, J.—Heard learned Counsel for the Petitioner and learned counsel for the State.

The Petitioner is apprehending his arrest in connection with the case registered under Sections 414 of the Indian Penal Code.

Learned Counsel for the Petitioner submits that the allegation against the Petitioner is that he has collected the stolen coal in the back side of temple and when the police party came there, they fled away. It is also submitted that the police party had identified the present Petitioner. It is further contended that the seizure witness has filed a petition before the court below that police has taken his signature on the blank paper. He has No. knowledge about this case. It is also submitted that there is No. other materials against the Petitioner except the police has identified him when he was fleeing away.

Considering the facts and circumstances of the case, the Petitioner, above named, is directed to surrender himself before the court below and deposit a sum of Rs. 5,000/- (Five thousand) within a period of one month from today i.e. on 10.08.2011 as a condition for granting anticipatory bail and after deposit of the aforesaid amount and his surrender within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Dhanbad in connection with Jogta (Loyabad) P.S. Case No. 44 of 2011 corresponding to G.R. No. 1927 of 2011, subject to the condition that one of the bailors will be his close relative and another will be of local resident having immovable property within the jurisdiction of the trial court and also subject to the condition laid down u/s 438(2) of the Code of Criminal Procedure