Senapati Kumar @ Senapati Prasad@ Anil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66166 of 2023 Arising Out of PS. Case No.-116 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Senapati Kumar @ Senapati Prasad @ Anil Kumar Sharma Son Of Krishna Prasad Resident Of Village - Lakhibagh Ps- Tikari District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manisha Prakash, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Forest Case No. 116 of 2020 dated 10.12.2020 instituted for the offence punishable under Sections 41, 42 of Indian Forest Act and Section 5 of Bihar Mills (Regulation) Act.

3. The allegation against the petitioner is that he was running a saw mill without having any valid licence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that alleged saw mill is situated on the ancestral land of the petitioner. Learned counsel for the petitioner submits that there is no independent witness of this

Patna High Court CR. MISC. No.66166 of 2023(2) dt.08-11-2023 2/2 case and all witnesses are raiding party. Learned counsel for the petitioner submits that neither the petitioner has been arrested from the spot nor any incriminating article has been recovered from the mill or the house of the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Forest Case No. 116 of 2020, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T