The High Court of Judicature at Patna granted anticipatory bail to the petitioner in a case regarding construction on forest land, with a bond of Rs.25,000 and two sureties.
Enlargement of petitioner on bail with a bond of Rs.25,000 and two sureties of the like amount, subject to conditions under Section 438(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4009 of 2023
Arising Out of PS. Case No.-5 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
======================================================
JAKIR MIYAN Son of Late Ismail Miyan R/v- Golibadgaun, P.S.- Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sinha For the Opposite Party/s : Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 04-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner apprehends his arrest in connection with Forest Case No.05 of 2014, registered for the offences punishable under Sections 33(b)(c) and 63 of the Indian Forest Act.
The allegation against the petitioner is that the petitioner constructed his house on the forest land.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner has constructed his house on his
Patna High Court CR. MISC. No.4009 of 2023(2) dt.04-05-2023 2/2
raiyati land. The dispute between the parties is civil in nature.
The learned APP for the State opposed the prayer for
grant of anticipatory bail to the petitioner.
Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged 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, 1st Class, Gaya in connection with Forest Case No.05 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a Case connected with offences under the Indian Forest Act.
2 provisions across 2 enactments
JAKIR MIYAN
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
