The High Court granted anticipatory bail to the petitioner in a complaint case under the Indian Forest Act, releasing him upon arrest or surrender within four weeks upon furnishing a bond.
Petitioner to be released on bail upon arrest or surrender within four weeks on furnishing a bond of Rs. 25,000 and two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 149 of 2019
Chhotu Saw @ Chhotu Kumar Saw … Petitioner Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Vishal Kumar, Adv. For the State : Addl. P.P.
06 / 11.03.19 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with complaint case no. 2081 of 2018 registered under Sections 33, 41, 42 and 52 of the Indian Forest Act.
The learned counsel appearing for the petitioner submits that he has filed supplementary affidavit mentioning therein that the petitioner has no criminal antecedent. It is further submitted that petitioner is the owner of the truck bearing registration no. JH-11Q-7035 and the allegations against the petitioner that his truck was seized by police for transporting illegally excavated stones are all false. It is further submitted by learned counsel for the petitioner that the petitioner had no knowledge about the illegally excavated stone being carried in his vehicle, hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP though opposes the prayer for anticipatory bail but he does not dispute the genuineness of the document of ownership of the seized stones filed by the petitioner.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,
Giridih in connection with complaint case no. 2081 of 2018 subject to the conditions laid down under section 438 (2) Cr. P.C.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case under the Indian Forest Act.
Whether the petitioner's lack of antecedents and lack of knowledge regarding the seized stones entitle him to anticipatory bail.
1 provisions across 1 enactments
Chhotu Saw @ Chhotu Kumar Saw
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
