Ashutosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30998 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Bhabhua (Kaimur) ====================================================== Ashutosh Kumar Singh, Son of Shashi Kumar Singh, Resident of Village - Bharkhura, P.S. - Chakiya, District - Chandauli. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Forest Case No. 12 of 2018 instituted for the offence under Sections 33,41,42 of the Indian Forest Act, 1927.

Learned counsel for the petitioner submits that he has clean antecedent. He is owner of the alleged vehicle. In the written report, it is alleged that informant received confidential information that some persons are engaged in loading illegal Kendu leaves. The aforesaid vehicle was apprehended and seizure list was prepared. Thereafter, complaint was filed. From the complaint itself, it appears that petitioner is owner of the vehicle. He was not present at the spot. The vehicle was in the custody of driver.

Patna High Court Cr.Misc. No.30998 of 2018(3) dt.29-06-2018 2/2 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 Forest Case No. 12 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, 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.

(Sanjay Priya, J) khushbu/- U T