Petitioner sought anticipatory bail in a forest offense case. Court dismissed application without merits, directing petitioner to approach trial court for regular bail per Supreme Court guidelines.
Anticipatory bail application disposed of; petitioner directed to seek regular bail from trial court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1191 of 2023
Phatik Chandra Das …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Abhishek Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P.
Order No.02/ Dated:03.03.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with B.F. Case No. 04 of 2014 instituted under Sections 33 of the Indian Forest Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R, allegation is that petitioner along with others were involved in cutting the trench with JCB machine over the Mahal forest land. Two accused persons were apprehended and others including the petitioner succeeded in fleeing away.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather his name has surfaced in this case on the basis of confessional statement of the co-accused. It is submitted that petitioner was not present at the alleged place of occurrence and nothing has been recovered from his possession. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
It is a complaint case and custodial trial of the accused is not warranted, hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
Petitioner is directed to seek regular bail before learned trial court which shall be disposed off in accordance with guidelines issued by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.
(Pradeep Kumar Srivastava, J.)
R.K/
1 issue framed by the court
Whether to grant anticipatory bail in a complaint case involving alleged forest land encroachment.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.Referred¶17
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., 2021(10) SCC 773 · Who else cites this
Phatik Chandra Das
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
