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Judgment
Dhirubhai Naranbhai Patel, J.—Heard learned counsel for the parties. The petitioner is accused in connection with Barhi (Padma) P.S. Case No. 213 of 2012 corresponding to GR. Case No. 3495 of 2012, pending in the Court of Sri Alok Kumar, learned Judicial Magistrate 1st Class, Hazaribagh.
It reveals that truck carrying coal without paper has been seized. The apprehended accused disclosed names of other accused involved in illegal trade of coal, including the name of present petitioner.
It is submitted that petitioner has no concern either with the coal or with the truck seized. He has been implicated only on the basis of confession made by apprehended accused and that too before the police. The prayer for bail, made on behalf of this petitioner, has been rejected by learned Sessions Judge only on the ground that he is having criminal antecedent.
Learned counsel appearing for the State opposed the prayer for bail.
It appears that the petitioner is all the time found involved in the same nature of cases and he is having criminal antecedent. Considering aforesaid aspect of the matter, I do not feel inclined to give benefit of section 438(2) Cr.P.C. to the petitioner. Accordingly, the prayer for anticipatory bail made on behalf of above named petitioner stands dismissed.
