Prashant Kumar, J. - (1.) ANTICIPATORY bail application filed by petitioners Ram Das Uraon, Mahavir Sao and Rajendra Uraon in connection with Balumath P.S. Case No. 20 of 2012 (G.R. No. 131 of 2012) pending in the court of Sub Divisional Judicial Magistrate, Latehar is moved by Sri A.K. Chaturvedi and opposed by M/s. Laxmi Murmu, learned Additional P.P. It is alleged that petitioner Nos. 1 and 2 are the owners of the Tractor from which illicit coal recovered whereas petitioner No. 3 is owner of motor cycle which was recovered from the place of occurrence. It is submitted by Sri Chaturvedi that co -accused, namely, Jawahar Lal Gupta who is owner of a Truck which was also seized along with illicit coal, has been granted anticipatory bail by a Bench of this Court and the case of petitioner Nos. 1 and 2 is similar to him. Thus, they may also be enlarged on bail. It is also submitted that one of the co -accused Mustakim Ansari has also been granted anticipatory bail by a Bench of this Court.
(2.) LEARNED Additional P.P. opposed the bail prayer and submits that from the tractor of petitioner Nos. 1 and 2, illicit coal recovered whereas the motor cycle of petitioner No. 3 was found near the place of occurrence. Thus, petitioners are not entitled for anticipatory bail. Considering the submissions of the parties and the allegations made in the FIR, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their anticipatory bail application rejected. If petitioners surrender in the court below and pray for regular bail, the court below will consider the merit of the case and pass order in accordance with law, without being prejudiced by this order.;