Samant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29892 of 2022 Arising Out of PS. Case No.-307 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== Samant Kumar S/O Subodh Yadav Resident Of Village- Bikrampur, P.S.- Sampur (haveli Kharagpur), District- Munger.

... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 117, 148, 149, 307, 353 and 447 of the Indian Penal Code, Section 27 of the arms act, Section 6(2) of the Bihar Land Encroachment Act, Section 33 of the Indian Forest Act and Section 15 of the Environment Protection Act.

Petitioner is said to have illegally cultivated the land of the forest department.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29892 of 2022(2) dt.08-09-2022 2/2 the petitioner is innocent and has been falsely implicated in this case. He submits that Petitioner is not named in the F.I.R. He submits that there is no specific overt act against the petitioner. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 05.01.2022 passed in Cr. Misc. No. 28946 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laxmipur P.S. Case No. 307 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ajay, devendra/- U T