Dilip Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65463 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== Dilip Mistri Son of Late Chandrika Mistri Resident of Balapar Patel Nagar Islampur,Police Station-Islampur,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with official Complaint Case No. 13C2 of 2018 for the offence under Sections 41, 42 and 52 of the Indian Penal Code and Section 5, 8, 10, 13, 14 and 19 of Bihar Kast Chiran Act, 1990.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has got no criminal antecedent. The instant case was registered on the written complaint of the Forest Officer, Islampur- cum- Ekangarsarai. The allegation against the petitioner is that without proper license business unauthorizedly the present project was carried out by the

Patna High Court Cr.Misc. No.65463 of 2018(2) dt.13-12-2018 2/2 petitioner and as such the petitioner has been arrayed accused. The counsel for the petitioner submits that the petitioner is neither the owner of the mill and nor carrying any business of wood. He submits that the alleged recovery was not in accordance with the mandatory provision of Section 100 of the Cr.P.C..

Considering the totality of the facts situation, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with official Complaint Case No. 13C2 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./Rashid U T