IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10343 of 2026 Arising Out of PS. Case No.-22 Year-2014 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Md. Parvez Son of Md. Jafir Mian Resident of village- Bhadeja, Ps- Mofassil, Dist- Gaya At Present 4 A.G.J. Khan Road, Alhayat Residency Block No. F 30 Floor room No. 304, Mahidra Service Center, Ps- Tapasia, Kalkatta, West Bengal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 06-05-2026 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State. 2. The petitioner seeks pre-arrest bail in connection with Forest Case No. 22 of 2014, registered for the offence punishable under Sections 33(1)(C) of the Indian Forest (Bihar Amendment) Act, 1989. 3. The prosecution story in brief is that the petitioner had purchased forest land and made construction over the said land. 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely Patna High Court CR. MISC. No.10343 of 2026(3) dt.06-05-2026 2/5 been implicated in the present case. He further submitted that the father of the petitioner had purchased the land through registered sale deed. The document relating to sale deed is valid. No offence under Section 33 of the Indian Forest Act is made out against the petitioner. On these grounds, petitioner seeks to be released on pre-arrest bail. 5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, it appears that petitioner has not only violated the provision of Sections 30 and 33 of the Indian Forest Act, 1989, at the same time, the mandate of Article 48 (A) of the constitution of India has also been defeated. The forest officials, in the FIR, have not given the date of notification issued under Section 30 of the Indian Forest (Bihar Amendment) Act, 1989. 7. Sections 30 and 33 of the Indian Forest Act are reproduced hereinafter: "30. Power to issue notification reserving trees, etc. The [State Government] [[Substituted by A.O.1950[Provincial Government].]] may, by notification in the Official Gazette, (a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification; Patna High Court CR. MISC. No.10343 of 2026(3) dt.06-05-2026 3/5 (b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the [State Government] [[Substituted by A.O.1950[Provincial Government].]] thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest-produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest. 33. Penalties for acts in contravention of notification under section 30 or of rules under section 32. (1) Any person who commits any of the following offences, namely: (a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree; (b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal or collects, subjects to any manufacturing process, or removes any forest-produce; (c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest; (d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest; (e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion; (f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid; (g) permits cattle to damage any such tree; (h) infringes any rule made under section 32;shall be punishable with imprisonment for a term which Patna High Court CR. MISC. No.10343 of 2026(3) dt.06-05-2026 4/5 may extend to six months, or with fine which may extend to five hundred rupees, or with both. (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the "State Government" [[Substituted byA.O.1950, for "Provincial Government.]] may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest- produce shall be suspended for such period as it thinks fit. [Bihar".- In its application to the State of Bihar, in Section 33,(i) sub-S. (1), for the words shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, substitute shall be punishable with imprisonment for a minimum term of six months which may extend to two years or with minimum fine of one hundred rupees which may extend to five thousand rupees or with both. The offence under this section shall be cognizable and non-bailable.Bihar Act 9 of 1990, Section 3 (w.e.f. 10-9- 1990). (ii) for sub-S. (2), substitute the following sub- section, namely: (2) Whenever in a protected forest (a) fire is caused wilfully or by gross negligence, or (b) theft of forest-produce occurs and such theft is, in the opinion of the State Government, on such a scale as to be likely to imperil the future yield of such forest, the State Government may, notwithstanding that any penalty has been inflicted under this section or under any other law for any act referred to in clause (a) or clause (b), direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended, (i) in the circumstances mentioned in clause (a), for such period as it thinks fit, (ii) in the circumstances mentioned in clause (b), for a period not exceeding four years.Bihar and Orissa Act 9 of 1935, Section 3 (w.e.f. 23-10-1935)." 8. Article 48 (A) of the Constitution of India is reproduced hereinafter: Patna High Court CR. MISC. No.10343 of 2026(3) dt.06-05-2026 5/5 "48A. Protection and improvement of environment and safeguarding of forests and wild life [After article 48 of the Constitution, the following article shall be inserted Constitution (Forty- Second Amendment) Act, 1976] The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." 9. In absence of any information in the prosecution case regarding the date of notification in accordance with Section 30 of the Indian Forest Act, the learned District Court is directed to first issue notice to the Divisional Forest Officer, Gaya and verify, as to whether, time as prescribed under Section 30 of the Act is still continuing from the date of said notification then no action is required to be taken against the petitioner, or in case, the time has expired, learned District Court may pass order considering the provision of Section 33 of the Indian Forest (Bihar Amendment) Act, 1989. 10. Accordingly, the impugned order dated 04.11.2025 passed by the learned District Court is modified. 11. The present bail application stands disposed of. Niraj/- (Purnendu Singh, J) U T