Vijay Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.29700 of 2014 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29700 of 2014 Arising Out of PS.Case No. -188 Year- 2006 Thana -GOVERNMENT OFFICIAL COMP. DistrictBANKA ======================================================

1. Vijay Tanti Son of Late Modi Tatwa @ Tanti Resident of Village - Makduma, Police Station - Amarpur, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Complaint Case No. C-3-188 of 2006 registered for the offences punishable under Sections 33, 41, 42 of the Indian Forest Act. Sub-Divisional Forest Officer, Banka submitted a report alleging that two tractors loaded with stone metal without any valid documents were caught and one driver was arrested and another driver managed to escape and the apprehended driver disclosed the name of the petitioner as the driver of another tractor.

Submission is that in this case the owner of the

Patna High Court Cr.Misc. No.29700 of 2014 (2) dt.13-01-2015 tractors have been allowed pre-arrest bail and the apprehended driver of the tractor having inimical term stated the name of the petitioner and as such the petitioner deserves sympathetic consideration to which the learned APP fairly submits that coaccused Yudhishthir Kanodia and Mukesh Singh have been allowed pre-arrest bail by the court below itself. In the facts and circumstances stated above and considering the fact that the name of the petitioner has taken by apprehended accused, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri N. K. Priyadarshi, J. M. Ist Class, Banka in connection with Complaint Case No. C-3-188 of 2006, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T