Madan Mohan Dubey @ Madan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83855 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Madan Mohan Dubey @ Madan Dubey S/O Late Biswanath Dubey R/O Village- Jaukatiya, Bara Malahi Tola, P.S- Majhauliya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 5, 8, 9, 10, 12, 13, 14 of the Bihar Saw Mills (Regulation) Act, 1990 and Sections 41 and 42 of the Indian Forest Act, 1927.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused has established an illegal Saw mill in an orchard and they are cutting the Government tree planted beside road and after tearing it in saw mill they used to sell it.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.83855 of 2023(2) dt.09-01-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is no way involved in the running of illegal saw mill nor he has any concern with the same. He further submits that the petitioner is living in Mumbai and he has no knowledge about the illegal saw mill. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Forest Case No. 61 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T