Patna High CourtCR. MISC./46316/2014bail granted

Abhimanu Singh v. The State Of Bihar

2015-04-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46316 of 2014 Arising Out of PS.Case No. -46 Year- 2008 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Abhimanu Singh Son of Shyam Kishore Singh Resident of Village - Raiula, Police Station - Atri, Dist.-Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No-2 For the Opposite Party : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33(1)(B), 33(1)(C) and 41 of the Indian Forest Act. It is alleged against the petitioner that he was constructing road on the forest land which was protested by the informant being Forest Guard. The petitioner managed to flee away but 3500 C. Ft. Morum and stone chips were seized from the spot.

It is submitted by learned counsel for the petitioner that petitioner is a petty contractor and under the valid contract awarded to the main contractor the work was being executed. Moreover the seized items were the purchased items of the main contractor and for the same accusation five other cases, some by the Forest Department and other by the police were registered and in those cases the petitioner is on

Patna High Court Cr.Misc. No.46316 of 2014 (2) dt.21-04-2015 2/2 bail.

Considering the fact that the case was registered in the year 2008, this Court is not inclined to grant bail to the petitioner. However, keeping in view of the fact that with similar accusation in other cases the petitioner has been granted anticipatory bail, this is a good ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks and pray for regular bail in connection with Forest P.S. Case No. 46 of 2008, Trial No. 1998 of 2014, pending in the Court of learned Judicial Magistrate, 1st Class, Gaya.

Accordingly the application is disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T