Brajesh Kumar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12787 of 2020 Arising Out of PS. Case No.-1 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== BRAJESH KUMAR CHOUBEY, aged about 35 years, Male, S/o Haridwar Choubey, R/o village- Pewandi, P.S.- Chenari, District- Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Pandey, Adv.

For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Forest Case No. 1 of 2016, registered under Sections 33, 41 and 42 of the Forest Act.

On receiving the secret information about carrying the illegal extracted stone chips loaded on truck, the informant along with other forest officials reached at Pakhnari Turning on National Highway No. 2, then, a truck, bearing registration no. UP-65AR-3120, was seen with loaded stone chips, but, the driver was not there. The aforesaid truck was seized. Submission is that the petitioner is the owner of the truck, as detailed in the official complaint, which is the basis of

Patna High Court CR. MISC. No.12787 of 2020(2) dt.02-07-2020 2/2 the present case, and the said truck was attached for transport on fare and the petitioner had no knowledge about loading of the stones chips by the driver. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Forest Case No. 1 of 2016 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T