Sunil Kumar Singh vs State Of Jharkhand

Heard learned counsel for the petitioner Mr. Ashok Kr. Singh       and learned A.P.P. Mr. Vishwanath Roy.

Petitioner who is the owner of one Hywa vehicle bearing no. JH09AK 9468, seeks anticipatory bail in connection with Katkamdag P.S. Case

No.37/2019 instituted under Sections 379, 420, 120B of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate,

Hazaribag.

Learned counsel for the petitioner submits that as per the allegation made in the F.I.R., two hywa vehicles including the vehicle of the present

petitioner were made to enter by the Kanta operator Prakash Nayak as empty vehicles by cutting the relevant entry in the entry register and on being

apprehended at the spot with challan and weighment receipts of both the trucks, disclosed the name of other persons namely Pintu and Virendra who

used to telephone him and others for preparing documents without weighment of the vehicle. F.I.R. has been instituted on the allegation that the

transporter, owner and driver of the vehicles were in connivance with Prakash Nayak in committing fraud by loading and transporting coal without

proper entries. Learned counsel for the petitioner submits that petitioner has no role to play and he has not committed any offence. He was not found

preparing any forged document in any manner for illegal transportation of the coal nor his vehicle was seized. There is no criminal antecedent also. In

similar circumstances, the other owner of the vehicle no.JH02V 9156 namely Jamuna Prasad Mahto has been granted anticipatory bail by a

Coordinate Bench of this Court in A.B.A. No.2484/2020 vide order dated 1st September 2020. Therefore, petitioner may also be granted anticipatory

bail.

Learned A.P.P. has opposed the prayer.

Having considered the facts and circumstances above and the submissions of learned counsel for the parties and that similarly placed co- accused

namely Jamuna Prasad Mahto has been granted anticipatory bail by a Coordinate 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

released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-

Divisional Judicial Magistrate, Hazaribag in connection with Katkamdag P.S. Case No. 37 of 2019, 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 the bailors shall not change their addresses and

their mobile numbers without permission of the learned trial court during pendency of this case.