- (1.) JAYA Roy, J. 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 413/414/467/468/471 and 34 of the I.P.C. The prosecution case in brief is that on the basis of the self statement of S.I. recorded on 27.8.2010 at about 16 hours at Krishi Bazar Sammittee, Barwadda stating therein that he has received a secrete information on telephone that one truck bearing registration number HR -55F -2618 loaded with illegal coal (Carbon) is coming from Dhanbad side and acting on the said information, the informant and other police officials reached at Hirak Point from Kishan Chowk at 2.00 P.M. and in the meantime they found that the said truck is coming from Dhanbad side then the informant police party stopped the said truck and checked. Then the driver of the said truck disclosed his name as Umesh Kumar and he further disclosed that in the said truck RCM Coal Carbon is loaded thereon. On perusing the Challan it is found the said challan was issued by Aadiwasi Coal Industries, Purulia (West Bengal) in favour of Summet Coal and Coke Trading, Sasaram, Bihar. A Weighment slip is also attached with the aforesaid challan. It is further alleged in the said F.I.R. that on enquiry, the driver disclosed that the said Carbon Coal is being loaded from illegal coal Bhatta of Mihir Mandal of Jharia and Amish Gorain of Kargali situated at Kargali, P.S. Raghunathpur, Dist -Purulia and he further disclosed that Pandey Transport is also involved in lifting the aforesaid coal as he had sent the driver there. On further enquiry and verification it is found there is no transporter at Kargali in Purulia.
(3.) THE learned counsel for the petitioner has submitted that the petitioner has no concerned with the coal neither he was present nor there is any evidence that in the instance of the petitioner the coal was loaded on the truck even the petitioner was not found at the place of the occurrence. It is also contended that the petitioner has no criminal antecedent. It is further contended that another co -accused namely Jogender Singh Yadav has been granted anticipatory bail the another Bench of this Court in A.B.A. No. 87 of 2011 vide order dated 15.06.2011. It is further contended that the antecedent report of the petitioner has come which shows the petitioner has no criminal antecedent.;