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Jharkhand High Court · body

2012 DIGILAW 653 (JHR)

Kameshwar Singh v. State of Jharkhand

2012-04-27

D.N.UPADHYAY

body2012
ORDER 1. Heard the learned counsel for the petitioner and the learned counsel for the State. 2. It reveals from the self-statement of Narayan Prajapati, S.I./Officer-In-charge of Bagodar P.S. that trucks bearing registration Nos. JH02D 6261 and JH02Q 6311 loaded with steam coal were apprehended. No valid documents against transportation of coal were produced. As a, result, the instant case was instituted. 3. It is submitted that the petitioner happens to be the owner of truck no. JH 02Q 6311 and the documents produced by him against transportation of coal have been found genuine by the investigating officer, which is apparent from perusal of the case diary. It is also pointed out that earlier, the petitioner has withdrawn his application for anticipatory bail vide ABA No. 2543 of 2011 on 23.8.2011. 4. Since documents produced have been verified, the petitioner has filed this application for anticipatory bail in connection with Bagodar P.S. Case No. 84 of 2011. 5. Learned counsel for the State admits the investigation done by the investigating officer and the verification of the documents as revealed from the case diary. 6. In view of the above facts and circumstances of the case, the petitioner above named is directed to surrender before the learned court below within two weeks from today, and on his surrender, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with, two sureties of the like amount each to the satisfaction of the CJM, Giridih, in connection with Bagodar P.S. Case No. 84 of 2011 (G.R. No. 740 of 2011) under Sections 413/34 IPC, subject to the conditions laid down under Section 438(2) Cr. P.C. 7. Since the Police Officer who lodged the case and the Police Officer who investigated into the matter have caused harassment to the petitioner, the Superintendent of Police concerned is directed to look into the matter and ensure that such incident should not occur in future and without proper verification, case should not be instituted against innocent persons. 8. Let a copy of this order be communicated to the Superintendent of Police concerned.