Patna High CourtCR. MISC./36318/2023bail granted

Rajesh Yadav v. The State Of Bihar

2023-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36318 of 2023 Arising Out of PS. Case No.-26 Year-2021 Thana- FOREST (GOVERNMENT OFFICIAL) District- Jamui ====================================================== Rajesh Yadav Son of Kaleshwar Yadav Village Bhagwana, PS Sono, District -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act.

3. It is alleged that this petitioner along with other accused persons were digging the forest land for laying the foundation of a construction.

4. It is submitted on behalf of the petitioner that he has right title over the land in question, part of the plot only lies within the land of the forest. Petitioner has got clean antecedent. Moreover, similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 14.07.2023 passed in Cr. Misc.

Patna High Court CR. MISC. No.36318 of 2023(2) dt.31-07-2023 2/2 No. 30070 of 2023.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Case No. 26 C-2 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T