Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37081 of 2015 Arising Out of PS.Case No. -41 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================
1. Santosh Yadav, Son of Baleshwar Yadav R/o Village Nashir Bigha, P.S. Neemchak Bathani, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33(i) a,b,c and 41 of the Indian Forest Act.
Accusation against the petitioner is of committing theft of 1200 cubic feet of morang and stones by illegal mining from the forest area.
It is submitted by the learned counsel for the petitioner that except some mining equipments recovered from shop nothing has been recovered from the possession of the petitioner. Only on suspicion accusation has been levelled and for the actual occurrence of 02.11.2014 the prosecution report was submitted on 05.12.2014. Statement has been made in para-3 of the
Patna High Court Cr.Misc. No.37081 of 2015 (2) dt.15-09-2015 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Miss. Aakancha Kashyap, Judicial Magistrate, Ist Class, Gaya in connection with Forest P.S. Case No. 41 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T