Shrikant Srivastava @ Srikant Prasad Srivastava And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26822 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shrikant Srivastava @ Srikant Prasad Srivastava son of Sheojee Prasad.

2. Vikash Shrivastava son of Sri Kant Srivastava @ Sri Kant Prasad Srivastava

3. Jitendra Srivastava @ Jitendra Prasad S/o Krishna Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Since petitioner no.1 Srikant Srivastava has already been arrested, this application has become infructuous with respect to him only.

Heard learned counsels for the petitioners and the State.

Petitioner nos. 2 and 3 are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/325/353/336/504 and sections 5,8,9,10,12,13,14 of the Bihar Saw Mill Act, 1990 and section 41/42 of the Indian Forest Act, 1927.

It is alleged that the informant being the forester went to the Saw Mill of petitioner no.1 Srikant Srivastava, which was

Patna High Court Cr.Misc. No.26822 of 2015 (2) dt.21-07-2015 2/2 being run illegally, then all the accused persons including the petitioners started pelting stones and thereby created hindrance in discharging the official duties.

It is submitted by learned counsel for the petitioners that the Saw Mill of petitioner no.1 Shrikant Srivastava was closed in 2011 and at earlier point of time a case was lodged against the informant from the petitioners' side and maliciously the whole family members of petitioner no.1 have been made accused in the present case.

Considering the thrust of accusation against petitioner no.1, who has already arrested, let petitioner nos. 2 and 3 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, West Champaran, Bettiah in connection with Nautan P.S. Case No.79 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T