Chhotelal Yadav @ Chotelal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81614 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Chhotelal Yadav @ Chotelal Yadav Son of Late Ram Sohil Yadav Resident of Village- Rampur Valmiki Nagar Road, PS- Laukaria, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Prerna Anand, Advocate For the State :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 26, 41 and 42 of the Indian Forest Act and Sections 2, 17, 27, 29, 31, 50 and 51 of the W.L.P. Act.
3. The prosecution case, in brief, is that on 01.04.2024 informant along with other forest personnel conducted raid near Valmikinagar Railway Station and seized 105 bundle Bet (a type of local grass) loaded on a D.C.M. van and arrested four persons on the spot.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.81614 of 2024(3) dt.02-04-2025 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner. As a matter of fact, petitioner has falsely been implicated in this case merely because his house is situated adjacent to the place of recovery. Petitioner is neither owner nor driver of the van in question and has got no concern with the allegedly recovered grass. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bagaha, West
Patna High Court CR. MISC. No.81614 of 2024(3) dt.02-04-2025 3/3 Champaran in connection with I.F. Case No. 54 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T