Shambhu Prasad @ Sambhu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81 of 2025 Arising Out of PS. Case No.-55 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Shambhu Prasad @ Sambhu Prasad S/o Late Radha Prasad R/o vill - Ward no 04, Jamuniya, PS- Jagdishpur (Nautan), District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Forest Case No. 55F/2023, registered for the offence under Sections 5, 8, 9, 10, 12, 13, 14 and 42 of Bihar Saw Mills Regulation Act 1990 and Sections 41 & 42 of Indian Forest Act 1927 (Bihar Amendment Act 1990).
3. The prosecution story, in brief, is that the informant, who is Area Officer of Forest, Bettiah, filed an application stating therein that on 10/06/2023 at 11:55 Hours, he received a secret information that co-accused Raju Ranjan as well as others were running the saw mill in the village-Jamunia, and as such, after constituting a raiding team, he left for the
Patna High Court CR. MISC. No.81 of 2025(2) dt.04-02-2025 2/3 place of occurrence and saw that the saw mill was running and the laborers were taking their lunch in the said campus and after seeing the raiding party, all the laborers fled away from there. Thereafter, from the said place, (1) Ply Plainer Machine-1, (2) Eicher Engine-1, (3) Line Shaft Pully-1, (4) Pulli along with wheel-1, (5) Chain Pulli-1, (6) Blade of the Plainer Machine-1,
(7) Semal Gulli-9 (K) 95 x 80 cm, (Kh) 30 x 48 cm, (G) 125 x 45 cm, (Gh) 120 x 40 cm, (Ch) 120 x 45 cm. (Chh) 122 x 45 cm. were recovered and same were seized at the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on suspicion. The alleged recovered articles does not belong to this petitioner. Petitioner was neither running the saw mill nor was partner of co-accused Raju Ranjan. Petitioner has been made accused in this case merely because he is owner of the land, on which, alleged saw mill was running. In fact, the petitioner had given his land to co-accused Raju Ranjan on rent. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.81 of 2025(2) dt.04-02-2025 3/3 in the event of arrest/surrender before the Court below 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 C.J.M., Bettiah, West Champaran in connection with Forest Case No. 55F of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T