Umakant Sah @ Umakant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65849 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Umakant Sah @ Umakant Prasad, Son of Chandrika Sah, Resident of VillageTanki Bazar, Valmikinagar, P.S.- Valmikinagar, District- West Champaran. ... ... Petitioner.

Versus

The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No.1 For the Opposite Party/s :

Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with I.F. Case no. 42 of 2018 registered under Sections 21, 26, 33, 41 & 42 of the Indian Forest Act and Sections 2, 17 & 27 of the Wild Life Protection Act.

Stone chips laden tractor was seized by the forest officials of the Balmikinagar Tiger Reserve and the driver of the tractor managed to escape.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. Petitioner happens to be owner of the tractor and the stone chips laden on the same. As a matter of fact, the petitioner has

Patna High Court Cr.Misc. No.65849 of 2018(2) dt.21-12-2018 2/2 purchased 80 cft stone chips from M/s Jai Enterprises, Bagaha, West Champaran and his driver was transporting the said tractor from Bagaha to Balmikinagar and on the way the tractor was wrongly and illegally seized by the Forest Officer. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Bagaha, District West Champaran in connection with I.F. Case No. 42 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T