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2018 DIGILAW 1195 (JHR)

Santosh Ram v. State Of Jharkhand

2018-06-08

KAILASH PRASAD DEO

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JUDGMENT Kailash Prasad Deo, J. – Heard learned counsel appearing for the petitioner and learned Addl. Public Prosecutor appearing for the State. 2. The petitioner, who is accused for the offence under Sections 420, 467, 468 and 471/34 of the Indian Penal Code, Section 13 of the Jharkhand Prevention of Illegal Mining Transport and Storage Rule and Section 21 of M.M.D.R. Act prays for anticipatory bail expressing apprehension of his arrest in connection with Itkhori P.S. Case No. 25 of 2018 corresponding to G.R. No. 485 of 2018, pending in the court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel for the petitioner has submitted that petitioner has been made accused in this case on the basis of confessional statement of co-accused Sonu Kumar Singh who has been caught at the spot while the tractor was carrying the sand. 4. Call for the case diary from the court concerned and the criminal antecedent report of the petitioner. 5. Since the name of petitioner has transpired on the confessional statement of co-accused Sonu Kumar Singh who was present at the spot while collecting Rs.400/- from each of the tractors carrying the sand but the said Sonu Kumar Singh has not been made accused and as such, the petitioner may be given interim protection. 6. Learned counsel for the State has opposed the prayer for interim protection. 7. Be that as it may, since Sonu Kumar Singh has not been made accused in this case on whose statement petitioner has been made accused, as such, during the pendency of this application no coercive step shall be taken against the petitioner in connection with Itkhori P.S. Case No. 25 of 2018 corresponding to G.R. No. 485 of 2018, pending in the court of learned Chief Judicial Magistrate, Chatra.