Kanhai Prasad @ Pappu @ Kanhaiya Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50062 of 2016 Arising Out of PS.Case No. -35 Year- 2008 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Kanhai Prasad @ Pappu @ Kanhaiya Prasad, Son of Shambhu Narayan, Resident of Mohalla- Marufganj, P.S. Civil Lines, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 33, 41 and 42 of the Indian Forest (Bihar Amendment) Act, 1989.

Allegation is that huge quantity of charcoal was recovered by the informant along with patrolling party from the Quarz Crushing Machine of M/s Shashi Tiwari, which was kept by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Name of the petitioner has come in the F.I.R. on the disclosure made by the

Patna High Court Cr.Misc. No.50062 of 2016 (2) dt.23-11-2016 Munshi of the thrasher machine, where the charcoal in question was found. There is no recovery from the conscious possession of the petitioner. He has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Forest Case No.35 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T