Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54111 of 2022 Arising Out of PS. Case No.-94 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Narayan Singh, Son of Ram Prasad Singh R/O Village- Sawaiyataand, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act, 1927 (Amendment 1989) and under Section 17 of the Wildlife Protection Act, 1972 (Amendment 2006).

As per the prosecution case, on secret information, a raid was conducted by the police at Basraul mountain where

Patna High Court CR. MISC. No.54111 of 2022(3) dt.19-01-2023 2/3 illegal excavation of mica was going on. On seeing the police, the petitioner and the other co-accused persons fled away from there leaving behind two generators, one motor machine and 17 CFT of mica which was recovered from the spot. It is further alleged that 1.5 acres of deforestation was also done in order to excavate mica minerals.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that the petitioner has no concern with the seized articles. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

Patna High Court CR. MISC. No.54111 of 2022(3) dt.19-01-2023 3/3 Nawada in connection with Nawada G.O. Case No. 94 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T