Munna Kumar @ Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18196 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== MUNNA KUMAR @ MUNNA RAM, aged about 37 years, Gender-Male, Son of Haricharan Ram, Resident of Village - Narayanpur, P.S.- Sakurabad, Distt.- Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinay Mistry, Advocate.

For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 5 and 14 of Bihar Saw Mills (Regulation) Act, 1990 and Sections 41 and 42 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989). The prosecution story, in brief, is that the petitioner is the owner of a Saw Mill who run the Mill without any license and during course of raid, various pieces of wood were

Patna High Court CR. MISC. No.18196 of 2020(2) dt.13-08-2020 2/3 recovered from his Saw Mill.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The instruments/articles which were being used are exempted items. It was not a regular Saw Mill. The petitioner is a Carpenter by profession. He has got no concern with the said Saw Mill. Small instruments/articles are being used for his livelihood. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned C.J.M. Jehanabad, in connection with Forest Case No. 07 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.18196 of 2020(2) dt.13-08-2020 3/3 furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T