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Judgment
Learned counsel for the petitioners Mr. Kripa Shankar Nanda undertakes to remove the following surviving defects within a period of three weeks. ix.
(i) Name of Ld. Judge may be stated at presentation form.
(ii) Parental name of petitioner no. 2 may be stated in Vak.
(iii) Vehicle No. stated in FIR and impugned order differs. Hence, its correctness at para-5 will depend upon removal of this defect.
(iv) Duly certified to be true T/C of page no. 17, 18 may be filed.
Office to place the file for inspection and removal of defects, on requisition being made, within the same time.
Heard learned counsel for the petitioners and Mr. Sardhu Mahto, learned A.P.P.
Petitioners seek protection of anticipatory bail in terms of section 438 of the Cr. P.C in connection with Mahuatand P.S. Case No. 35/2020
corresponding to G.R. No. 1037/2020 instituted under sections 379 and 511 of the Indian Penal Code and pending in the Court of learned Sub
Divisional Judicial Magistrate, Bermo at Tenughat.
Learned counsel for the petitioners submits that on the basis of written application of one Junior Engineer, Gomia, instant FIR has been instituted in
the Lalpania Police Station on the allegation that some Cenospheres (Chhai) was kept inside the Government quarter at Tilaiya Basti after committing
theft from T.T.P.S. Dam. 230 bags of Chhai were found inside the house after breaking the lock and one Maruti car bearing registration no. BR-14Q-
7716 was found parked for its transportation. However, driver fled away. On inquiry, name of these petitioners and two others have transpired as
being involved in collection of Chhai and sending it on truck. Learned counsel for the petitioners submits that none of these petitioners were present on
the spot, nor recovery of Chhai was made from their possession and these petitioners have been named only on the basis of hearsay evidence. Chhai
is a waste material of industry and collected by the poor people from the rivers / pond for selling it in the market at a meagre rate or Rs. 2 / 3 per kg.
Petitioners have no concern with he seized articles. However, they may have to suffer unnecessary incarceration if not protected by anticipatory bail.
Learned A.P.P has opposed the prayer.
Having considered the submissions of learned counsel for the parties and the facts and circumstances of the case, I am inclined to grant privilege of
anticipatory bail to the petitioners. Accordingly, let the above named petitioners, in the event of their arrest or surrender within a period of four weeks,
be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each, to the satisfaction
of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat, in connection with Mahuatand P.S. Case No. 35/2020 corresponding to G.R. No.
1037/2020, subject to deposit of cash security of Rs. 15,000/- (Rupees fifteen thousand) each and the conditions as laid down under section 438(2) of
the Cr. P.C. Petitioners shall cooperate in the investigation and petitioners and their bailors shall not change their address or mobile number without
prior permission of the learned Trial Court.