Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45628 of 2024 Arising Out of PS. Case No.-15 Year-2016 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Pintu Singh S/O Sudan Singh R/O Village- Mayapur, P.S- Wazirganj, Distt.- Gaya.

... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Forest P.S. Case No. 15 of 2016 for the offence under Sections 33, 1(b), 41, 42 of the Indian Forest Act.

3. As per the prosecution story, the informant has alleged that he got information that one contractor namely, Sampurna Lal is extracting Morum from protected forest. On the said information when he reached there he saw the driver of the tractor was trying to flee away.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to oblique reason. The allegation is against a contractor namely, Sampurna

Patna High Court CR. MISC. No.45628 of 2024(5) dt.04-03-2025 2/3 Lal Prasad Singh who was constructing a road and for that he was illegally extracting Morum from Hemja protected forest with the help of four tractors. The alleged tractor which was seized from the spot is allegedly belong to one Bhagirath Prasad and not from the petitioner. The prosecution case is of the year 2016 but uptill now no service of any kind of summon or notice has been issued to the petitioner and somehow when the petitioner himself came to know about the present F.I.R. he approached the learned Court for seeking bail.

5. Learned APP opposes the prayer for bail.

6. During course of argument, learned counsel for the petitioner submits the owner of the tractor is his wife - Meera Devi and the same has been released in her favour and the tractor was given to the contractor for commercial purpose so he has no knowledge about the alleged occurrence. Keeping in view the aforesaid facts, petitioner be enlarged on anticipatory bail.

7. Considering the above stated facts, the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.45628 of 2024(5) dt.04-03-2025 3/3 Magistrate, Gaya, in connection with Forest P.S. Case No. 15 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T