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Patna High CourtCR. MISC./41078/2025bail granted

Sanjeev Kumar @ Sanjiv Kumar v. The State Of Bihar

2025-07-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41078 of 2025 Arising Out of PS. Case No.-65 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- Lakhisarai ====================================================== Sanjeev Kumar @ Sanjiv Kumar Son of Ram Vilas Pandit @ Rambilash Pandit R/o Village - Sangrampur, P.O.- Mananpur, P.S.- Chanan, District - Lakhisarai, Bihar - 843111, India.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Rai, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard Mr. Ravi Shankar Rai, learned counsel for the petitioner and Mr. Bharat Lal, learned APP for the State.

2. The petitioner is apprehending arrest in connection with Complaint No. 65C-2 of 2023 instituted under Sections 33, 41, 42, 52 of the Indian Forest Act, 1927 and section 29 of the Wildlife (Protection) Act, 1972.

3. As per the prosecution story, the informant alleged that while visiting forest area, found two make-shift vehicle with wood trying to escape. The accused on sight of the forest officials managed to escape but the vehicles were seized. The locals gave the name of the petitioner which followed the FIR.

4. Learned counsel for the petitioner submits that he does not own the aforesaid vehicles, he belongs to down strata

Patna High Court CR. MISC. No.41078 of 2025(2) dt.09-07-2025 2/3 of the society and is a labourer, the allegation by the prosecution is that the locals gave the name. The said name is missing in the entire story. The petitioner has no criminal antecedent.

5. Learned APP opposes the prayer submitting that the locals gave the name.

6. Considering the submissions of the parties as also the fact that the petitioner has no criminal antecedent nor he owns the aforesaid vehicles, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Complaint No. 65C-2 of 2023 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.41078 of 2025(2) dt.09-07-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T