Patna High CourtCR. MISC./53987/2023bail granted

Santosh Sharma v. The State Of Bihar

2023-08-23Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53987 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- East Champaran ====================================================== SANTOSH SHARMA, S/o- YOGI SHARMA village- Babhanauli P.SGovindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Criminal Complaint (O) (S) Case No. 79 of 2022 dated 03.10.2022 registered for the offence(s) punishable under Section(s) 413 of the Indian Penal Code and Section(s) 41 and 42 of Forest Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner has been falsely implicated in this case, the alleged offences under Sections 41 and 42 of Indian Forest Act are not made out against him, in fact, he is a carpenter and running one flour mill and he has fair and clean antecedent and he has no connection to the alleged

Patna High Court CR. MISC. No.53987 of 2023(2) dt.23-08-2023 2/2 Saw mill. It is further submitted that petitioner has been made accused merely on account of his flour mill being situated near the alleged Saw mill.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner, this court is inclined to accept his anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Criminal Complaint (O) (S) Case No. 79 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T