Vishwanath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54336 of 2023 Arising Out of PS. Case No.-1746 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Vishwanath Sharma S/o- Late Rajendra Sharma Village- Mishroulia Chandanpatti Ps- Sakra Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raghunath Kumar Sharma son of Late Rajendra Sharma Village- Mishroulia Chandanpatti Ps- Sakra Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 418 and 468 of the Indian Penal Code.

3. It is alleged that this petitioner got transferred the license of shaw mill in his favour by manipulating the documents.

4. Learned counsel for the petitioner submits that after death of his father, said licence No.107/95 has been issued by the name of the petitioner by Licensing Officer-cum-Forest Divisional Officer, Tirhut Forest Division, Muzaffarpur. It is

Patna High Court CR. MISC. No.54336 of 2023(2) dt.21-08-2023 2/2 further submitted that in the light of order dated 11.02.2022 passed by Hon'ble High Court in CWJC No.21203 of 2021, Conservator of Forest-cum-Appellate Authority, Green Mission, North Bihar, Patna, after hearing both the parties vide order dated 24.03.2023 passed in Appeal No.01 of 2020, allowed the appeal in favour of the petitioner and ordered to renew the license No.107/95 in favour of the petitioner. As such, no fraud was committed by the petitioner.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Judicial Magistrate-1st Class, East Muzaffarpur, in connection with Trial No.3182 of 2022 arising out of Complaint Case No.1746 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) saurabhkrsinha/- U T