Patna High CourtCR. MISC./44032/2024allowed

Anuj Sharma v. The State Of Bihar

2024-07-20Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44032 of 2024 Arising Out of PS. Case No.-36 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== Anuj Sharma Son Of Rajaram Sharma Resident Of Village - Charan, Dhiribigha, P.S. - Mali, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Forest Case No. 36 of 2022, instituted for the offence punishable under Sections 7 8, 9 and 12 of Bihar Kashtha Chiran (Vinimiyan) Act, 1990 and Section 41 and 42 of the Indian Forest Act.

3. The allegation against the petitioner is that he was running a Saw Mill without any valid license from the Forest Department.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has already applied for

Patna High Court CR. MISC. No.44032 of 2024(2) dt.20-07-2024 2/2 obtaining license for running Saw Mill, which is pending for its approval. In anticipation of grant of license, the petitioner was running his business. Lastly, it has been submitted that he has two criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Forest Case No. 36 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T