Vijay Mistri @ Vijay Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.54550 of 2017 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54550 of 2017 Arising Out of PS.Case No. -53 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Vijay Mistri @ Vijay Sharma, Sonof Haricharan Mistri, resident of Village- Bherharia English, P.S. Paliganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 53(C-2) of 2009 instituted for the offence under Sections 7,8,9,10,13 of Bihar Saw Mills (Regulation) Act 1990 and under Sections 41,42,52 of the Indian Forest Act, 1927. Allegation against this petitioner is that he was running Saw Mill without having valid license.

Learned counsel for the petitioner has submitted that the same day Saw Mill of one Sanjay Mistri was also inspected, for which separate case has been lodged, in which he has been granted anticipatory bail vide order dated 18.05.2017 in Cr. Misc. No. 22052 of 2017. The case of this petitioner is also on same and similar footing.

Patna High Court Cr.Misc. No.54550 of 2017 (2) dt.16-01-2018 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 53(C-2) of 2009 to the satisfaction of learned S.D.J.M., Danapur, Patna subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.