SIBU GOPE AND BABU ANSARI @ BABU MIAN Vs. THE STATE OF JHARKHAND
LAWS(JHAR)-2012-8-255
HIGH COURT OF JHARKHAND
Decided on August 08,2012

Sibu Gope And Babu Ansari @ Babu Mian Appellant
VERSUS
THE STATE OF JHARKHAND Respondents

JUDGEMENT

JAYA ROY, J. - (1.) HEARD Learned Counsel for the petitioners and Learned Counsel for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 413, 414 of the Indian Penal Code.
(2.) Learned Counsel for the petitioners submits that though their name have been mentioned in the F.I.R., but there is only allegation against the petitioners that they have purchased the coal from the cyclist and carrying through boat to the West Bengal. It is also submitted that though the name of the petitioners are mentioned in the F.I.R. but no clear address is given in the F.I.R., therefore, it is difficult to say whether these petitioners are named in the F.I.R or not. It is also submitted by the counsel for the petitioners that petitioners have no criminal antecedent.
(3.) LEARNED Counsel for the State has submitted that the petitioners are named in the F.I.R., but he has admitted neither the complete address nor the parentage is given in the F.I.R. Considering the facts and circumstances of the case, and considering the fact that allegation made against the petitioners they have purchased the coal from the cyclist, the petitioners, above named, is directed to surrender in the court below within a period of one month from the date of this order i.e. 08.08.2012. If they surrender within the said period, the trial Court is directed to release them on bail, on furnishing bail bonds of Rs. 10,000/ - (Rs. Ten thousand) each with two sureties of like amount each to the satisfaction of Judicial Magistrate, Dhanbad in connection with Nirsha (kalubathan) P.S. Case No. 261 of 2011 corresponding to G.R. No. 3602 of 2011, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.;


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