Guleswar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51102 of 2024 Arising Out of PS. Case No.-264 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- Jamui ====================================================== Guleswar Yadav Son Of Haricharan Yadav @ Hayicharan Yadav VillageBejala, Ps- Jhajha, Dist- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Dept. Of Forest And Environment, Govt. Of Bihar, Patna Bihar 3.

The Divisional Forest Officer, Jamui Forest Division, Jamui, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 33(i)C/66A of the Forest Act (Bihar Amendment 1989), 1927.

3. According to F.I.R., this petitioner, in conspiracy with other accused persons, constructed house over the forest land and thus, caused loss to the Government to the tune of Rs. 10,27,280/-.

4. Learned counsel for the petitioner submits that place of occurrence i.e. Khata / Plot No. 720 is not a forest land, rather it is khatiyani land of the petitioner. It is further submitted that Raja of the Gidhour State, by way of Kukunama, had given

Patna High Court CR. MISC. No.51102 of 2024(2) dt.20-09-2024 2/3 the land of 4 Acre 87 Decimal to Huro Yadav, son of Banu Yadav on 25.05.1945. Thereafter, Malgujari receipt was also issued in the year 1953-54 in the name of Huro Yadav, in which Jamabandi No. 120 is mentioned. The Circle Officer, Jhajha, Jamui has also issued land owner certificate in the name of Huro Yadav and Hari Charan Yadav. Huro Yadav is grandfather of the petitioner. Allegation is baseless and based on 'no evidence'. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 22.02.2024 passed in Cr. Misc. No. 11542 of 2024. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Case No. 264-C/2 of 2022, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.51102 of 2024(2) dt.20-09-2024 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T