Patna High CourtCR. MISC./81825/2019bail granted

Mahendra Mistri v. The State Of Bihar

2019-12-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81825 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Mahendra Mistri, Son of Sadhu Chandra Mistri, Resident of Village - Kako, P.S.- Kako in the district of Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 2, 5, 8, 9, 10 of Bihar Timber Saw Mill, 1990 and Sections 41 and 42 of Indian Forest Act, 1989.

The accusation against the petitioner is of running Saw Mill without having any valid licence.

It is submitted by learned counsel for the petitioner that the petitioner was not present when the search was made and no prohibited forest articles have been seized. Moreover, the petitioner has no concern with the Saw Mill. A statement has been made in paragraph 3 of the petition that the petitioner is

Patna High Court CR. MISC. No.81825 of 2019(2) dt.11-12-2019 2/2 not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the nature of accusation and the remedy available for the contravention of provisions of the Forest Act, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Forest Case No. 09 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T