Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12164 of 2026 Arising Out of PS. Case No.-335 Year-2013 Thana- FOREST (GOVERNMENT OFFICIAL) District- Jamui ====================================================== Shankar Yadav S/o- Uchit Yadav R/v- Pairgaha PO- Sahiya Ps- Jhajha DistJamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shri Mahesh Chaudhary, Forest Gaurd R/v- Pairgaha UP Parisar Ps- Jhajha Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Case No. 335C2/2013 registered under Section 33 of the Indian Forest Act.
3. As per prosecution case, this petitioner is alleged to have encroached forest land about 0.14 acre, causing loss of government revenue to the tune of Rs. 85,120/-.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As per prosecution report, the application of the Forest Range officer is dated 15.7.2009 and the case was filed by the department in the year 2013, vide Case No.335C2/2013, after lapse of four years
Patna High Court CR. MISC. No.12164 of 2026(2) dt.24-02-2026 2/2 and there is no plausible explanation of delay. The survey of the land was done behind back of petitioner. He further submits that petitioner's plot number is 1162 and khata number is 60, whereas Forest plot number is 1165 and both are different and as such, petitioner has not cultivated forest land i.e. Plot No. 1165. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the delay in lodging the case and clean antecedent, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui in connection with Case No. 335C2/2013, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) anay U T