Patna High CourtCR. MISC./13518/2024disposed

Shyam Bihari Singh v. The State Of Bihar

2024-03-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13518 of 2024 Arising Out of PS. Case No.-45 Year-2019 Thana- FOREST (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== SHYAM BIHARI SINGH S/O RAJNATH SINGH R/O VILLAGE- SANSA, P.S- DAUDNAGAR, DISTT.- AURANGABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Forest Case No. 45 of 2019, registered for the offences punishable under Sections 33(C), 41, 42 of the Forest Act and Section 5, 7, 8, 12 of Bihar Kasth Chiran (viniyam) Act, 1990.

3. As per allegation, the informant along with police party went to saw machine situated at Rafiganj, which was being illegally run by co-accused Shyam Bihari Singh. On seeing the police party, all the accused persons fled away from there. Thereafter, in absence of the accused persons, Chakundhi jack, Chakundhi jack plate and some logs of wood were recovered from the seized saw machine.

Patna High Court CR. MISC. No.13518 of 2024(2) dt.14-03-2024 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is neither the owner nor the worker of the alleged saw machine. As a matter of fact, the petitioner resides 50 km away from the place where the alleged saw machine was recovered.

5. Considering the facts and circumstances especially the fact that the petitioner has a criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner.

6. If the petitioner surrenders before the learned court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing on its own merit without being prejudiced by this order.

7. With these observations, this petition is disposed of. (Nawneet Kumar Pandey, J) Kundan/- U T