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Patna High CourtCR. MISC./9857/2016rejected

Sanoj Kumar v. The State Of Bihar

2016-04-22Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.9857 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9857 of 2016 Arising Out of PS.Case No. -13 Year- 2006 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Sanoj Kumar, son of Parmeshwar Yadav, of village Murania, P.S. Rajauli, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan, Advocate. For the Opposite Party/s : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Forest Case No. 13 of 2016 registered under Sections 33, 41 and 42 of the Indian Forest Act.

The accusation is that Forest Officials, in course of raid, found a truck bearing registration no. MP 09KA/ 7955 loaded with stone chips digging out from plot no. 858 but the owner of the truck, Dinesh Kumar Yadav, succeeded to flee away, who was noticed and submitted the temporary permit and permission regarding mining of stones chip by the petitioner in respect to plot no. 2930.

Patna High Court Cr.Misc. No.9857 of 2016 (2) dt.22-04-2016 Learned counsel for the petitioner submits petitioner has permit regarding mining of stone chips on plot no. 2930 but in the F.I.R. the plot no. 858 has been detailed. Having considered the facts and circumstances of the case and the nature of offence, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T