Raju Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61344 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Raju Gupta, Son of Shravan @ Shravan Gupta, Resident of VillagePacharukhi (Jungle), P.S. Kushi Nagar, Kushi Nagar (Padrauna) Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary For the Opposite Party/s :

Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33, 41, 42 of the Indian Forest Act and Sections 5, 7, 9 and 10 B.S.M.R. Act.

Allegation is that petitioner was running a saw mill without license.

Submission of the learned counsel for the petitioner is that the offence of the Indian Forest Act is not applicable as alleged and offences punishable under Bihar Saw Mills Regulation Act are punishable with simple imprisonment for one year and as such bailable. The petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.61344 of 2018(2) dt.06-11-2018 2/2 Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with I.F. Case No.67 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that if, the petitioner would be found violating the provisions of the aforesaid Acts in future that would be a ground for cancellation of bail by the court below.

(Birendra Kumar, J) abhishek/- U T