Md. Akhtar @ Akhtar Hussain vs The State Of Bihar on 25 October, 2011

                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         Cr.Misc. No.35723 of 2011
Md. Akhtar @ Akhtar Hussain S/o Md. Sagiruddin . R/o Village - Purwari Jhirwa, P.S. Simraha
( Forbesganj ), Distt. - Araria
                                            Versus
The State of Bihar
                                           -----------

02 25.10.2011 This petition has been filed for grant of anticipatory

bail to the petitioner who is apprehending his arrest in connection

with Complaint Case No.61 of 2004 registered for the offences

under Sections 33 and 41 of the Indian Forest Act and Section 5 of

the Bihar Saw Mills Regulation Act.

It transpires from the complaint petition that on

28.3.2004 certain quantity of logs of Shisham trees were

recovered from the field and bamboo clumps. It has been alleged

that five logs of Shisham tree were recovered and seized from the

Saw Mill of the petitioner which was subsequently handed over to

the petitioner on ‘Zimanama’.

Learned counsel for the petitioner states and submits

that he does not own any Saw Mill whatsoever, and the allegation

against him is merely based on hearsay which is evident from the

complaint itself. He has claimed that he has no criminal

antecedent whatsoever which fact belies the allegation that the

petitioner’s Saw Mill is said to have sealed earlier and in such an

event certainly some criminal case would have been instituted

against him.

Heard learned counsel appearing for the State.

Considering the facts and the main allegation against
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the petitioner is based on secret information and also considering

that the petitioner claims to have no criminal antecedent, and his

denial of ownership of the Saw Mill in question, let the petitioner

Md. Akhtar @ Akhtar Hussain be released on bail bond of

Rs.10,000/- (ten thousand) with two sureties of the like amount

each to the satisfaction of learned Judicial Magistrate Ist Class,

Araria in connection with C.C. No.61 of 2004 in the event of his

arrest or surrender within six weeks from the date of

communication/production of a copy of this order subject to the

conditions as laid down under Section 438(2) of the Cr.P.C.

Chandran                                                      (Vikash Jain, J.)