Dismissed

Fuleshwar Yadav v. The State of Bihar

Patna HC21 Aug 2023CR. MISC./12830/2023

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court rejected the petitioner's prayer for anticipatory bail in a case involving illegal cutting of stones. However, the court directed that if the petitioner surrenders within six weeks, the lower court shall grant regular bail without prejudice to this order.

What did the court decide?

Prayer for anticipatory bail rejected; direction to surrender within six weeks to seek regular bail.

Fuleshwar Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12830 of 2023

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Arising Out of PS. Case No.-17 Year-2003 Thana- MUNGER COMPLAINT CASE DistrictMunger

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FULESHWAR YADAV S/o Late Mitaram Yadav R/o village- Janki Nagar, P.S.- Naya Ramnagar, Distt- Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Forest Range Officer, Forest Deptt. Jamalpur, Distt. Munger Bihar, Munger

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Ram Sumiran Rai

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Case No. 17C3 of 2003 registered for the offences punishable under Sections 26(g), 41, 42, 52 of the Indian Forest Act (Bihar Amendment) 1989, Sections 29 and 52 of the Wild Life (Conservation) Act, 1972, and Section 3, AB, 2(ii) of the Forest Conservation Act, 1980, pending in the Court of learned S.D.J.M., Munger.

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As per the prosecution case, the petitioner along with other were indulged in illegal cutting of stones/boulders and they have stored it in old railway premises.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.12830 of 2023(3) dt.21-08-2023 2/2

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case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that neither the informant nor anyone has seen as to who stacked the stone materials on old quarry Railway Loading site, Jamalpur. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

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Learned APP for the State opposes the prayer for anticipatory bail and submits that this case is of the year 2003 and due to non-appearance of the petitioner, trial court was compelled to separate trial of other accused persons.

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Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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(Anjani Kumar Sharan, J)

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anand/- U T

Fuleshwar Yadav v. The State of Bihar

Case brief

What is this about?

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Fuleshwar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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