Raj Narayan Rai vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—Heard the learned counsel for the petitioners and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioners in connection with Barhi PS case No. 257 of 2012 for the offence registered under sections 414 /420 /467 /468 /471 /34 of the Indian Penal Code.

It reveals that, trucks belonging to the petitioners were apprehended while they were carrying coal with suspicious documents.

It is submitted that the documents seized from the trucks were verified and those documents were found genuine. Police has planted papers against vehicle bearing registration No. JH02S 8447 which belongs to petitioner No. 2. No case as alleged is made out.

Learned counsel for the State has opposed the prayer and submitted that two sets of documents against transportation of coal have been seized from truck bearing registration No. JH 02S 8447.

Considering all aspects of the matter, I do not feel inclined to grant anticipatory bail to Binay Pratap Narayan Singh (petitioner No. 2) who is owner of vehicle No. JH-02 S 8447. Accordingly, his prayer for anticipatory bail is rejected. So far as petitioner No. 1 Raj Narayan Rai is concerned, the case diary indicates that the documents seized in connection with his vehicle No. BR 01GA 6586 were genuine and, therefore, he is directed to appear/surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Barhi PS case No. 257 of 2012 (GR No. 4191 of 2012), subject to the conditions laid down u/s 438(2) Cr.P.C.