IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87575 of 2024 Arising Out of PS. Case No.-44 Year-2021 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Abhijeet Kumar Saurav Son of Sri Raghunandan Prasad Singh Resident of village- Pharmaceutical colony, Behind Amarnath Mandir, Jay prakash Nagar, B.H. Colony, P.S -Agamkuan, Dist- patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Maqsood Alam, Posted as Forest Guard, Khaizarsarai, Gaya bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prakash Kumar, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 23-04-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Forest Case no.44 of 2021 registered under sections 33(i) (c) and 63 of the Indian Forest Act, 1989. 3. As per the prosecution case, the petitioner along with accused persons fixed three poles with electric wires in a reserved forest of Mahkar without seeking permission from the Forest Department. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is a public servant and has committed no offence. As a matter of fact, the petitioner was posted as the Electrical Executive Engineer, Patna High Court CR. MISC. No.87575 of 2024(4) dt.23-04-2025 2 /3 Manpur, Gaya in supply department on the alleged date of occurrence whereas the matter relates to Engineers of the Project Division of the South Bihar Power Distribution Co. Ltd. (hereinafter referred to as S.B.P.D.C.L). Learned counsel for the petitioner further submits that the petitioner has no concern with the work which was alloted to the contractors and it was the Electrical Executive Engineer (Projects), Manpur, Gaya who was ordered to function as Engineer-In-Charge which is an altogether different Department of S.B.P.D.C.L. The petitioner undertakes to cooperate in the case/trial. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner is also made an accused in a case being Forest Case No. 57 of 2019. In response to the same, an affidavit has been filed on behalf of the petitioner stating therein in paragraph no. 2 that the the petitioner was totally unaware of the above mentioned forest case in which he had neither received any summons nor the police had ever inquired about the matter with the petitioner. 6. Taking into consideration the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below Patna High Court CR. MISC. No.87575 of 2024(4) dt.23-04-2025 3 /3 within a period of four weeks, be released on anticipatory bail in connection with Forest Case no.44 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. Harsh/- (Soni Shrivastava, J) U T