- (1.) Heard the learned counsel for the petitioner and the learned counsel for the State.
(2.) The petitioner is an accused in a case registered under Sections 414/467/468/471/120B and 34 of the I.P.C. and section 21 of M.M.R.D. Act. i.e. Jamtara P.S. Case No. 234 of 2010, G.R. No. 633 of 2010.
(3.) The prosecution case in brief is that on 16.12.2010 Uttam Kumar Choudhary, A.S.I., Jamtara P.S. Stating therein that he got information at 8.15 Hours from his high official that a Truck bearing registration No. JH15D/7710 is coming from Mihijam side towards Jamtara with illegal coal loaded there in. As per direction, informant along with other police personnel proceeded, reached near Gurg computer weighing machine situated at Mihijam, Jamtara Road at About 9.30 P.M. and found a truck bearing No. JH15D-7710 coming from Mihijam. Police gave signal to stop but driver did not stop the same. Any how police chased, intercepted and stopped the Truck for verification. On the first instance driver introduce himself as Shankar Debey but after verification of driving license, he was found identified as Azad Kumar Rai. Further driver disclosed that owner of the vehicle namely Dinesh Singh whodirected him to go to Raniganj Chanda Mor and to meet with Sanjay Singh (the petitioner) who will arrange for loading of the Truck. As per direction, the driver went to Sripur Basti near Chanda Mor where Sanjay Singh, (present petitioner) with the help of 10-12 labourers loaded the said Truck and got its weighment slip. Thereafter, driver along with Sanjay Singh(the petitioner) came to Dabar Mor near Mihijam, directed the driver to stop the vehicle and told that he is bringing the document. Thereafter, said Sanjay Singh (the petitioner) brought document of Super Briquette Industries, and handed over to the driver. Further it is informed by apprehended driver that Sanjay Singh got telephonic information that the police party is on vigil and after getting clearance, driver will proceed forward. It has further been informed that the petitioner in connivance with the other on the fraudulent document of Super Briquette Industries, illegally dealing the coal business.;