indra Narayan Jha Vs. the State of Jharkhand and anr - Court Judgment

Excerpt:

.....manager in the colliery from where coal was despatched and he has signed the challan for transportation of coal. on verification, the challan was found genuine but he has been made accused only because certain columns were not filled up. no case as alleged under section is made out. learned counsel for the state has opposed the prayer. in the facts and circumstances of the case, coupled with the fact that challans were not found forged during enquiry, the petitioner is directed to surrender before the court below within three weeks from today and if he does so, he is directed to be released on bail on furnishing bail bond of rs.10,000/- ( ten thousand) with two sureties of like amount each to the satisfaction of sri dhananjay kumar, civil judge, junior division- v, godda in connection with poraiyahat p.s. case no. 48 of 2011, corresponding to g.r.no.333 of 2011, subject to the conditions as laid down under section 438(2) of the code of criminal procedure. [d.n.upadhyay,j.] p.k.s.

Judgment:

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.1989of2012 IndraNarayanJha. ... ... ... ...Petitioner Versus 1. The State of Jharkhand.

2. Ashok Kumar Singh. ... ... ... ...Opp. Parties ---------- CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY. ForthePetitioner: Mr.V .K.Tiwary,Advocate. FortheState: A.P.P. 05/ 01.09.2012 It reveals from the written report that a Truck bearing registration not RJ05G-2325 loaded with 9.78 M.T. of coal was intercepted by the police. On verification, the genuineness of the documents were suspected and the instant case was registered. It is submitted that the petitioner is the Senior Manager in the Colliery from where coal was despatched and he has signed the Challan for transportation of coal. On verification, the Challan was found genuine but he has been made accused only because certain columns were not filled up. No case as alleged under Section is made out. Learned Counsel for the State has opposed the prayer. In the facts and circumstances of the case, coupled with the fact that challans were not found forged during enquiry, the petitioner is directed to surrender before the court below within three weeks from today and if he does so, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of Sri Dhananjay Kumar, Civil Judge, Junior Division- V, Godda in connection with Poraiyahat P.S. Case No. 48 of 2011, corresponding to G.R.No.333 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. [D.N.Upadhyay,J.] P.K.S.