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Patna High CourtCR. MISC./34359/2015disposed

Jokhan Singh v. The State Of Bihar

2015-08-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34359 of 2015 Arising Out of PS.Case No. -42 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAHARSA ====================================================== Jokhan Singh S/o Bhikhan Singh Resident of Village Sita Bigha, Police Station Sasaram (M), District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act.

Truck loaded with stones was inspected when it was suspected that the same was being transported without valid challan.

It is submitted by learned counsel for the petitioner that the petitioner is the owner of the truck and truck has already been released. Moreover, the petitioner does not claim the stone carried on the truck by the driver.

Patna High Court Cr.Misc. No.34359 of 2015 (2) dt.14-08-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail for three months in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Forest Case No. 42 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail will be confirmed by the learned court below on verification of the challan. If it is found that the stone was being transported on valid challan then the provisional bail will be confirmed and if it is not so then the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) DKS/- U T