Navin Singh @ Navin Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51862 of 2023 Arising Out of PS. Case No.-49 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== NAVIN SINGH @ NAVIN KISHOR SINGH S/o- LATE RAJ KUMAR SINGH Village- Madanpur Delha Ps- Buniyadganj Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 41, 42 of Indian Forest Act. 3.

Allegedly, the petitioner is said to have cut eleven trees from the paein (Aahar), which is government land. Land of the petitioner is adjacent to the said Paein (Aahar). 4.

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 ulterior motive. It is submitted that no seizure list was prepared on the alleged date and it is an admitted fact that the petitioner's land is adjacent to the said spot and in the complaint case, it is mentioned that the

Patna High Court CR. MISC. No.51862 of 2023(2) dt.30-08-2023 2/2 informant has not confirmed that the said land belongs to the Forest Department or it comes under the Anchal Adhikari. It is further submitted that petitioner has no concern with the alleged cutting of trees and only on suspicion, he has been made accused in this case. No recovery has been made from the conscious physical possession of the petitioner. There is no specific overt act against the petitioner and he has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, 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 connection with Forest Case No.49/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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