Dablu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.864 of 2017 Arising Out of PS.Case No. -314 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ====================================================== Dablu Sah, son of Banarsi Sah, resident of Tetariya, P.S. Laxmipur, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Opposite Party : Mr. Madhura Nand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 314C2/2015, registered for the offences punishable under Sections 35, 41, 42 of the Indian Forest Act. Allegedly, one pick-up van loaded with 90 pieces of Sakhua wood was seized and seeing the police the driver and his associates fled away and accordingly the wood along with vehicle were seized.

Submission is of false implication and that the petitioner has no concerned with the seized wood. The petitioner has given his vehicle on hier and at the time of occurrence the petitioner was not present in Jamui District and, as such, no offence under Section 30 of the Indian Forest Act is made out.

Patna High Court Cr.Misc. No.864 of 2017 (2) dt.12-01-2017 2/2 The learned A.P.P. opposes the prayer of bail In the facts and circumstances as stated above, considering that from the pick-up van of the petitioner Sakhua wood were seized. The learned Sessions Judge, Jamui, after considering all the facts has rightly rejected the prayer of Anticipatory Bail and I find no good ground to allow the pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected in connection with Complaint Case No. 314C2/2015, pending in the Court of Sri Sanjay Kumar, J.M. 1st Class, Jamui. However, in case and if so advised the petitioner surrenders and seeks regular bail within four weeks then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T