Single bench order granting provisional anticipatory bail to the petitioner facing offences under the Indian Forest Act, subject to conditions regarding bail bond and vehicle verification.
Provisional anticipatory bail for six months, confirmable by the lower court upon verification of vehicle registration details.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24863 of 2015
Arising Out of PS.Case No. -302 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Shree Chand Sao .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 33, 41, 42 an d52 of the Indian Forest Act.
32 logs of wood were recovered from a tractor. The driver of the tractor disclosed the name of the petitioner as the owner of the tractor.
It is submitted by learned counsel for the petitioner that a statement has been made in para 9 of the petition that the alleged tractor does not belong to the petitioner. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six
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months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Nawada in connection with G.O. Case No. 302 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The provisional bail of the petitioner will be confirmed by the learned court below on verification of the fact that the alleged tractor was not registered in the name of the petitioner on the alleged date of seizure.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail in a case involving alleged illegal forest operations.
Whether bail can be granted subject to conditions pending verification of certain facts regarding the impugned vehicle.
1 provisions across 1 enactments
Shree Chand Sao
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
