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Patna High CourtCR. MISC./56148/2022allowed

Raj Kumar Yadav v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56148 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Raj Kumar Yadav Son Of Late Brahmdeo Prasad Yadav @ Brahmdeo Yadav R/O Village- Mahavir Mohalla, P.S.- Koderma, Distt.- Koderma (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard both sides.

The petitioner apprehends his arrest in connection with G.O. (F) Case No.19 of 2022, registered for the offence punishable under Section 33 of Indian Forest Act, 1927. The petitioner is said to have stored huge quantity of mica at reserve area of Bhanekhap forest by illegal mining and one temporary construction of hut has also been made in the forest area.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is a social

Patna High Court CR. MISC. No.56148 of 2022(2) dt.20-12-2022 2/2 worker and he has business of petrol pump and factor of silk and he was not present at the place of occurrence on the alleged date and time of occurrence rather he was available at Kodarma P.S. for resolving the dispute arising out of Saraswati Puja. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that while the petitioner was fleeing away, he was identified by the police and illegal 150 quintals of mica, one Sawal, tub and one Taraju were recovered from the place of occurrence.

Considering the fact that there is general and omnibus allegation against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with G.O. (F) Case No.19 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T