Gopal Dubey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39668 of 2016 Arising Out of PS.Case No. -277 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Gopal Dubey Son of Girdhar Dubey Resident of Dewariya near Dubey Lodge, P.S.- Chatra, District Chatra (Jharkhand).

2. Ramu Singh Son of Lachhuman Singh Resident of village Kauri Nagar, P.S.- Chatra, District- Chatra (Jharkhand).

3. Tapeshwar Pandey Son of Gayadutt Pandey, Resident of Village Kariya, P.S. Simariya, District- Chatra.

4. Ranjeet Ram Son of Ramswarup Ram, Resident of Village Candy Nagar, P.S.- Chatra, District- Chatra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioners apprehend their arrest in Sherghati (Dobhi) P.S. case No. 277 of 2016 under Section 414 of the Indian Penal Code.

The informant intercepted two trucks bearing registration No. JH02AH- 3198 and JH02AH-7180 loaded with coal and seized the trucks with coal on the allegation that drivers of the trucks did not show any valid paper for transportation of the coal.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.39668 of 2016 (2) dt.17-09-2016 2/2 the coal was loaded from Piparwar project. The Project Officer informed the I.O. that the coal was loaded on the aforesaid trucks on valid permit. The commercial authority has also found the permits valid for carrying the coal to Chandauli. Considering the facts aforesaid and the fact that petitioners, who are owners and drivers of the truck and they were carrying the coal on valid permits, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in Sherghati (Dobhi) P.S. Case No. 277 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T