- (1.) Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioner in connection with Govindpur PS case No. 148/2011 for the offence registered under sections 414/34 of the Indian Penal Code. According to the FIR, truck bearing registration no. JH10- P4777 loaded with coal was apprehended by the police and the miscreants who were present near the place of occurrence succeeded to flee away. Weighing instruments and coal stored at the place of occurrence were also seized. During verification, name of the petitioner has surfaced as the man behind the illegal trade of coal at the place of occurrence.
(2.) It is submitted that that on surmises and conjectures, petitioner has been named by the informant. He has no concern either with the truck or coal seized in this case. Learned counsel for the State has opposed the prayer.
(3.) Considering the aforesaid facts and circumstances of the case, coupled with the fact that nothing incriminating has been recovered from the possession of the petitioner, he is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall 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 CJM, Dhanbad, in connection with Govindpur PS Case No. 148/2011 (GR No. 148/2011), subject to the conditions laid down under section 438(2) Cr.P.C.;