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Judgment
Learned counsel for the petitioner undertakes to remove the following surviving defect within two weeks:
i. Enclosure stated at page 19 of FIR is missing. ii. Rs.300 A. fee due on C.C. of F.I.R. iii. Date Of execution is missing at Vakalatnama. iv.
Impugned order may be correctly paginated and same may be indicated at Index page.
v. Some contents of page 25 is missing at its T/C. vi. Serial no. may be corrected at T/C-26 vii. Alleged Sections at page 1 and prayer para may be
verified from cognizance part of page 54 of impugned order.
Office to place the file for inspection on requisition being made for removal of defect within the aforesaid time.
Heard learned counsel for the petitioner Mr. Nilesh Kumar and Mr. Pravir Kumar Chatterjee, learned Spl. P.P.
Petitioner seeks protection of anticipatory bail in terms of Section 438 Cr.P.C. in connection with Balumath P.S. Case No. 126 of 2020 for the offence
registered under Section 379,411,120B of the I.P.C ; Section 30(ii) of the Coal Mines Act, Section 21(1) of Mines and Minerals (Development and
Regulation) Act, 1957 and Section 13 of Jharkhand Mineral Rule, pending in the court of learned Chief Judicial Magistrate, Latehar.
Learned counsel for the petitioner submits that petitioner has not been named in the F.I.R. It is only his poclian/ pay loader which has been seized by
the Balumath Police from Chamatu Coal Depot on 25.06.2020 after 20 days of the institution of the F.I.R. It is submitted that as per allegation in the
written report of the Project Officer of the Magadh Coal Project, CCL, 2-3 trucks were apprehended without any document loaded with coal. Co-
accused namely Mithilesh Prasad Sahu, owner of one of the truck bearing no. JH-02AV-3905, whose prayer for anticipatory bail along with two other
persons including the petitioner was rejected by the common impugned order dated 22.09.2020, has been granted anticipatory bail by a Coordinate
Bench of this Court in A.B.A. No. 5562 of 2020 vide order dated 05.11.2020 on certain conditions. In such circumstances, petitioner may also be
protected from unnecessary arrest as his case is in much better footing.
Learned Spl.P.P. has opposed the prayer. He submits that huge racket of illegal transportation of coal from the said Magadh Amrapali Coal Project
area is going on. Several persons have been found to be involved in it including police officials.
Having considered the submission of learned counsel for the parties in the light of the background facts and circumstances noted above and the fact
that co-accused Mithilesh Prasad Sahu, whose vehicle was apprehended and the said vehicle is named in the F.I.R, has been enlarged on anticipatory
bail by a co-ordinate Bench of this Court, 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 enlarged on bail on depositing Rs.30,000/- (Rupees Thirty Thousand) as
cash security and on furnishing bail bond of Rs.25,000/-(Rupees 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. 126 of 2020, subject to the conditions that petitioner will co-
operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and
photocopy of the Aadhar Card with an undertaking that he and his bailors will not change their mobile number and address during the pendency of the
case along with other conditions as laid down under Section 438(2) Cr.P.C.