Patna High CourtCR. MISC./35162/2016bail granted

Sharwan Yadav v. The State Of Bihar

2016-09-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35162 of 2016 Arising Out of PS.Case No. -43 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ====================================================== Sharwan Yadav S/o Bhuneshwar Yadav, resident of Village-Nezampur, P.S.- Kasma, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad Forest Case No. 43 of 2013 registered under Sections 33, 41 and 42 of the Indian Forest Act, 1989. Accusation is that the petitioner and Dinesh Yadav were seen carrying away the tractor laden with stone chips by the forest guard, namely, Suria Bali Choubey and Shyamdeo Choudhary in course of patrolling duty of the forest. On seeing the forest guards, the petitioner and Dinesh Yadav started to flee away from there and succeeded to carry away the tractor. Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.35162 of 2016 (2) dt.02-09-2016 2/2 petitioner submits that it appears from the prosecution report that petitioner has not been apprehended and his name has been disclosed by the forest guards and he has been false implicated in this case. The petitioner and Dinesh Yadav were never seen loading the stone chips in the forest area.

Having regard to the facts and circumstances of the case, 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 four 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 Additional Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Forest Case No. 43 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Mishra/- U