IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3105 of 2014
07/20.03.2015
1. Habla Giri @ Dayamay Giri, son of late Doman Chandra Giri
2. Sukhen Maity, son of Ambuj Maity
Both residents of village- Matiabandhi, PO and PS Chakulia, District
East Singhbhum
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Petitioner(s)
-V e r s u sState of Jharkhand
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Opposite Party
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CORAM: - HON’BLE MR. JUSTICE RAVI NATH VERMA
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For the Petitioner(s) : - Mr. Kripa Shankar Nanda, Advocate
For the State
: - Addl. P.P.
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Learned counsel appearing for the petitioners submitted that
petitioner no.1 Habla Giri @ Dayamay Giri has been taken into custody, as
such his prayer for grant of anticipatory bail is not maintainable before
this Court, hence his prayer is to allow him to withdraw the prayer for
grant of anticipatory bail with respect to petitioner no.1 Habla Giri @
Dayamay Giri.
Prayer is allowed.
Accordingly, the anticipatory bail application with respect to
petitioner no.1 Habla Giri @ Dayamay Giri is, hereby, rejected.
The sole petitioner Sukhen Maity has moved this Court for grant of
privileges of anticipatory bail in connection with Chakulia P.S. Case no. 24
of 2014, instituted under Sections 379/411 of the Indian Penal Code,
under Sections 4/54 of the M.M.R.D. Act and Sections 26 and 33 of the
Indian Forest Act.
Heard learned counsel appearing for the petitioner as well as
learned A.P.P. appearing for the State.
The prosecution case relates to seizure of one Truck loaded with
Manganese ores and the only allegation against this petitioner is that he
was driving a motorcycle before the alleged truck.
Learned counsel appearing for the petitioner submitted that there is
no specific allegation of any theft or that this petitioner is the owner of
either the truck or the seized Manganese ores rather this petitioner was
only driving the motorcycle. It was also submitted that the criminal
antecedent report of this petitioner was called for by this Court and as per
the report of I.O. of this case, there is absolutely no case pending against
this petitioner.
Learned A.P.P. relying upon the report of the I.O. fairly submitted
that no case is pending against this petitioner.
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Considering the submissions of the counsels, the allegation and the
report of the Investigating Officer, I am inclined to grant the privileges of
anticipatory bail to the petitioner.
Accordingly, the petitioner Sukhen Maity is directed to surrender in
the court below within two weeks from today and in the event of his
arrest/surrender, the court below is directed to enlarge him on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of Sri S.A. Prasad, Judicial
Magistrate, 1st Class at Ghatsila, in connection Chakulia P.S. Case no. 24
of 2014, corresponding to G.R. Case no. 219 of 2014, subject to the
conditions as laid down under Section 438(2) of the Code of Criminal
Procedure.
(R. N. Verma, J.)
Ritesh