Satya Narayan Prasad @ Satya Narayan vs State Of Jharkhand

Heard learned counsel for the petitioner Mr. Mitul Kumar and learned A.P.P. Mr. Anup Pawan Topno.

Petitioner seeks anticipatory bail in terms of 438 of the Cr.P.C. in connection with Balumath P.S. Case No. 36 of 2020 instituted under Sections

143/342/353 & 120B of Indian Penal Code, pending in the court of Chief Judicial Magistrate, Latehar.

Learned counsel for the petitioner submits that as per F.I.R, a mob comprising several persons including this petitioner were trying to obstruct the

lifting of coal from Chamatu Mining Area of Magadh Coal Project. Allegation against this petitioner is of instigating the villagers due to personal

interest. Though the management of C.C.L were ready to accept their lawful demand, but the accused persons did not relent. Learned counsel for the

petitioner submits that one of the witnesses to the F.I.R, namely, Suryadeo Ravidas posted as A.S.S.I, Magadh Coal Project, Tandwa has sworn an

affidavit before Notary Public at Chatra (Annexure-2) dated 6th October, 2020 to the effect that this petitioner was not present. He is a reputed

businessman and has always supported the excavation work.

A counter affidavit has been filed by learned A.P.P. pursuant to the previous order giving description of three more cases in which the petitioner was

involved, which are as under :-

(i) Balumath P.S. Case No. 09 of 2019 dated 15.01.2019 under Sections 353/34 of Indian Penal Code.

(ii) Balumath P.S. Case No. 255 of 2019 dated 12.12.2019 under Sections 447/341/143/342/353/379/511 of Indian Penal Code.

(iii) Balumath P.S. Case No. 264 of 2019 dated 22.12.2019 under Sections 302/120B of Indian Penal Code and 27 of the Arms Act.

He submits that petitioner has, therefore, criminal antecedents also.

Learned counsel for the petitioner has filed a supplementary affidavit wherein the actual status in respect of these three more cases regarding the

petitioner have been explained. Regarding Balumath P.S. Case No.255/2019 it is submitted on the basis of the statement of the complainant Suryadeo

Ravidas, CISF personnel made under Section 164 Cr.P.C. that the petitioner and few others were found talking with fiery mob, but such statement

could not implicate the petitioner for such serious charges. The statements of two other witnesses Shri Mahadeo Oraon and Shri Jitlal Mahto have

also been referred to negating the involvement of the petitioner. In respect of Balumath P.S. Case No.101/2020 it is stated that though the petitioner

and other accused persons were named therein on allegations of storage of illegal coal of the quantity of 300 metric tons, but several other similarly

situated co-accused persons have been granted anticipatory bail in that case, reference of which has been given in paragraph 5(II). In respect of

Balumath P.S. Case No. 264 of 2019 instituted under Sections 302/120B/34 of Indian Penal Code and Sections 25(1-A), 25(1-B) of the Arms Act, it is

submitted that after investigation the Police has found that no named persons in the F.I.R. were found involved rather members of a big criminal gang

/ coal mafia were behind the gruesome killing. Petitioner has thus no direct or indirect link with any of the offences alleged in these three cases. In one

of the cases of coal stealing he has been granted anticipatory bail in Balumath P.S. Case No. 09 of 2019. Learned counsel for the petitioner submits

that in such circumstances petitioner may be granted anticipatory bail so that he may be protected from unnecessary incarceration.

I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances above.

Having regard to the aforesaid facts and circumstances and that the instant matter relates to obstruction in lifting of coal from Chamatu mining area

and the statement of Suryadeo Ravidas, one of the witnesses to the F.I.R., made on affidavit (Annexure-2) to the effect that this petitioner was not

present, I am inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or

arrest within in a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the

like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Balumath P.S. Case No. 36 of 2020, subject to

the conditions laid down u/s 438(2) Cr.P.C. with further condition that the petitioner shall cooperate in the investigation. The petitioner and his bailors

shall not change their addresses and mobile numbers without permission of the learned trial court during pendency of this case.