- (1.) BOTH these bail applications arise out of the same case and as such, they are taken up together and disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. .
(2.) THE petitioners are apprehending their arrest in connection with Giridih (M) P.S. Case no. 8 of 2012 corresponding to G.R. No. 63 of 2012, for the alleged offences under Sections 379, 414 of the Indian Penal Code, Sections 39, 40 of the Mines and Minerals Act and Section 30 (ii) of the Coal Mines Act. It appears from the F.I.R. itself that from factory premises of the petitioners in A.B.A. No. 1156 of 2012, illegal coal was recovered by the police. In the facts of this case, I am not inclined to grant anticipatory bail to the petitioners, Gouri Shankar Mohta and Madan Singh. Accordingly, their prayer for anticipatory bail is rejected. So far as petitioner in A.B.A. No. 1159 of 2012 is concerned, it is alleged that the petitioner is the owner of the Hywa truck, which was seized in connection of this case, on which also illegal coal was recovered. The petitioner has been made accused in this case in view of the fact that he is the owner of said Hywa truck. In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Sadhan Modak @ Sadhan Ram. Accordingly, it is directed that in the event of his surrender/arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Giridih, in connection with Giridih (M) P.S. Case no. 8 of 2012 corresponding to G.R. No. 63 of 2012, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.;