Ravishankar @ Raju Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44242 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== RAVISHANKAR @ RAJU JHA S/o- Late Bansidhar Jha R/o Vill- Batiya, P.S.- Sono, Dist- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 26, 41, 42 of the Indian Forest Act, 1989.

Allegedly, one tractor and trailor was seized on which 54 semel wood was loaded and the driver and owner fled away from the spot.

Patna High Court CR. MISC. No.44242 of 2021(2) dt.12-04-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. The alleged recovery has been made on 26.11.2019 but the complaint was filed by the Forest Department before the Judicial Magistrate on 05.09.2020 i.e. after a delay of 11 months, and no plausible explanation has been given for such delay. It is specifically mentioned in the bail petition that the petitioner is not the owner of any of the seized vehicles.The petitioner has no concern with the alleged recovery. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the delay of 11 months in sending the complaint before the Chief Judicial Magistrate, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.44242 of 2021(2) dt.12-04-2022 3/3 connection with Complaint Case No-183c2/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T