Ramautar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37819 of 2015 Arising Out of PS.Case No. -2 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Ramautar Yadav Son of Kail Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra, Advocate For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioner and the State.

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

The prosecution case is that a tractor loaded with stone chips was intercepted for being carrying stones chips without any valid authority. During confiscation proceeding also no document for transporting stone chips was produced and consequently, the tractor was confiscated.

It is submitted by learned counsel for the petitioner that petitioner's tractor was being used as public carrier and

Patna High Court Cr.Misc. No.37819 of 2015 (2) dt.21-09-2015 2/2 admittedly the petitioner was not present on the place of seizure. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Forest P.S. Case No.2 of 2013, pending before the learned CJM, Gaya.

With the above observation, this application is, accordingly, disposed off.

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