Jai Kant Jha @ Jaykant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62785 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- SAKATPUR District- Darbhanga ====================================================== Jai Kant Jha @ Jaykant Jha Son of Vishnudev Jha Village- Machhaita PsSakatpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-10-2024 Heard Mr. Kedar Jha, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sakatpur P.S. Case No. 49/ 2024 dated 14.06.2024 registered for the offence(s) punishable under Section(s) 379, 411 read with section 34 of the Indian Penal Code and section 33 of Forest Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is completely innocent, as per the allegation, 18 wood pieces in small size, which are often used as firewood, are alleged to have been recovered from his tractor and the approximate value of the seized firewood may only be Rs. 4000/-, so, the instant matter is a trivial matter and the same is triable by Gram Kachahari. It is further submitted that no offence as alleged was committed by this petitioner, in fact, the petitioner was working as a labour in the farm house of one

Patna High Court CR. MISC. No.62785 of 2024(2) dt.08-10-2024 2/2 landlord, Rakesh Kumar Singh but he left the farmhouse and due to the said fact the landlord, in order to harass the petitioner, fabricated a false case. It is further submitted that petitioner has fair and clean antecedent.

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

5. Considering the facts and circumstances of this case as well as the above submissions and mainly the nature of allegation appearing against the petitioner coupled with his fair and clean antecedent, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner namedabove, 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 Sakatpur P.S. Case No. 49/ 2024 on furnishing bail bond of Rs. 20,000/-(Twenty 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) BKS/- U T