- (1.) HEARD the learned counsel appearing for the petitioner and the learned A.P.P. appearing for the State.
(2.) THE petitioner, who is an accused for offence under Sections 414 and 34 of the Indian Penal Code, prays for anticipatory bail expressing apprehension of his arrest in connection with Chas P.S. Case No.81 of 2007. Learned counsel appearing for the petitioner submits that it is the case of the prosecution that when a raid was laid in a godown of D.N. Singh, two tonnes of iron scraps as well as other materials were found stored over there and the employees of the godown as well as this petitioner, were made accused, thqugh this petitioner had nothing to do with the iron scraps or said godown where iron scraps are said to have been found rather it is Shashi Shushan Singh, who has claimed the ownership of the iron scraps and hence he filed an application for release of the said materials before the court below and with the said application, he also annexed several documents, in support of the ownership of that iron scraps and the court sent it before the l. O. for verification of the documents and in that course, the l. O. did find that the godown belongs to one Madhuban Singh and the said godown had been taken on rent by Shashi Bhushan Singh and in that view of the matter, petitioner cannot be said to have involved in any manner with the illegal trade of iron scraps and moreover, prayer for bail was rejected, taking into consideration that the petitioner does have antecedent, but in fact, some cases had been lodged in the years 1985 and 1999 though in some of the cases, the petitioner has been acquitted.
(3.) REGARD being had to the facts and circumstances of the case, the petitioner above named is directed to surrender before the court below within ten days from the date of this order and on his surrender, the petitioner 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 the learned Chief Judicial Magistrate, Bokaro, in connection with Chas P.S. Case No. 81 of 2007, corresponding to G.R. No.716 of 2007, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.;