Ram Sohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35920 of 2024 Arising Out of PS. Case No.-40 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Ram Sohan Yadav, Son Of Dhaneshwar Yadav, R/O Village- Pipariya, P.S.- Pipariya, Dist- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Vinay Pd. Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 26, 33, 41 and 42 of the Indian Forest Act, 1927 and Sections 17A, 27, 29 and 32 of the Wild Life Protection Act, 1972.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that 80 CFT of stone was found loaded on a trailor from the forest area which was apprehended along with the tractor.

Patna High Court CR. MISC. No.35920 of 2024(3) dt.20-07-2024 2/3

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized tractor. It is next submitted that petitioner had a valid Challan dated 20.07.2022 for the stones as would manifest from Annexure-3 to the anticipatory bail application. It is also submitted that stones were loaded from Sheikhpura and not from the forest area, but then, the authorities in mechanical manner implicated the petitioner, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.35920 of 2024(3) dt.20-07-2024 3/3 the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Complaint Case No.40C2 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T