Patna High CourtCR. MISC./52955/2018bail granted

Dudu Chaudhary @ Dinesh Chaudhary v. The State Of Bihar

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52955 of 2018 Arising Out of PS.Case No. -452 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ======================================================

1. Dudu Chaudhary @ Dinesh Chaudhary S/o Sagar Mohan Chaudhary, R/o Vill.- Thadhi, P.S.- Chandramadih, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-33 of Indian Forest Act.

The prosecution case, in brief, is that Channel was found two feet long in protected forest area.

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. Channel is being alleged to have been constructed on the forest land. The entire prosecution is based merely on the basis of suspicion. There is no other substantial evidence to suggest the implication of the petitioner in the present case. The allegation made in the FIR is

Patna High Court Cr.Misc. No.52955 of 2018 (2) dt.20-09-2018 denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Additional Chief Judicial Magistrate-III, Jamui in connection with Complaint Case No. 452 C2 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T