Patna High CourtCR. MISC./33834/2016bail granted

Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

2016-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33834 of 2016 Arising Out of PS.Case No. -15 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Sanjay Kumar @ Sanjay Singh son of Dadan Prasad resident of MohallaGaurakshani, Sasaram, P.S. Sasaram (Town), District: Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends his arrest in Forest Case No. 15/2011, registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act.

According to the prosecution report two tractors bearing registration no. BR-06C-9349 and BR-24B-6998 were intercepted inside the forest range, but nobody was apprehended at the spot. Even the driver fled away. The petitioner is made accused, as he is the owner of a tractor.

It is submitted that the petitioner never instructed his driver to go inside the forest range for carrying any boulder. The driver on his own went inside the forest range and loaded

Patna High Court Cr.Misc. No.33834 of 2016 (3) dt.30-09-2016 2/2 boulders.

Considering the facts aforesaid and the fact that petitioner is the owner of the tractor and he was not found at the place of occurrence, only summon was issued in the year 2015 against the petitioner, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - 2, Sasaram (Rohtas) in connection with Forest Case No. 15/2011, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T