Manoj Singh @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48197 of 2017 Arising Out of PS. Case No.-40 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Bhabhua (Kaimur) ====================================================== Manoj Singh @ Manoj Kumar Singh, son of Bhola Singh, Resident of Village+ Post- Sabar, Police Station- Karamchat, District- Kaimur, Bhabhua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned Counsel appearing on behalf of the petitioner and learned APP for 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.
Prosecution case is that during the course of patrolling, the forest officials seized 3250 K.G. Kendu leaves from the godown of Birendra Pandey and Bimlesh. It is alleged that in storing the alleged seized Kendu leaves the petitioner aided the accused persons.
It is submitted by learned Counsel appearing on behalf of the petitioner that admittedly as per the prosecution report the seizure was made from the go-down of Birendra
Patna High Court Cr.Misc. No.48197 of 2017(2) dt.18-10-2017 2/2 Pandey and Bimlesh, hence, the seizure cannot be treated to have been made from the petitioner., Hence, no offence is made out against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is having no criminal antecedent.
Considering the thrust of accusation against Birendra Pandey and Bimlesh, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Forest Case No.40 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T