Shrawan Jayswal @ Shrawan Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34997 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ====================================================== Shrawan Jayswal @ Shrawan Kumar Jaiswal son of Kamla Sah R/o VillPanchgawan, P.S.- Sonhen, Distt- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Forest Case No. 42 of 2016 for the offences alleged under Sections 33,41,42 and 52 of the Forest Act.

The prosecution case is that on 11.06.2016 at 11.00 P.M in the night forest officials received information that Kendu leaves are being loaded in a pick-up van near Pipra village. Receiving this information, forest officials went there. Seeing the patrolling party, the driver of the pick-up van escaped, taking advantage of darkness. Final prosecution report has been submitted by the forest officials which shows the petitioner is the owner of the said pickup van.

It has been submitted by the learned counsel for the petitioner that he has falsely been implicated in the aforesaid case. He submits that he is neither the driver nor the vehicle belongs to him but it is in the name of his wife and his in-laws are involved in plying the said vehicle. He submits that one Ram Dayal Singh had taken away the vehicle and nothing incriminating articles have been found in the possession of the petitioner. He submits that he runs his own business and has no criminal history as is evident from Para 3 of this application. However, learned APP for State submits that the petitioner has been named as owner of the said vehicle, hence opposes the prayer for bail.

Be that as it may, let the petitioner, above named in the event of his arrest/surrender before the learned court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur in connection with Forest Case No. 42 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is made clear that the petitioner shall co-operate with the investigation and appear before the Police/Court as and when

required and on failure of two consecutives dates without assigning any reason, the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Nilu Agrawal, J) Prakash/- U T