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Vijay Kumar @ Vijay Prasad vs State Of Jharkhand

Jharkhand High Court · Decided on 18 August 2021 · Citation: (2021) 08 JH CK 0045

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Forest Act, 1927 — Section 41, 42 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5584 Of 2021
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Judgment

18 paragraphs · 355 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Complaint (F) Case No.1608 of 2020 instituted under Sections 41 and 42 of the Indian Forest Act, 1927,

the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of a vehicle which was

involved in illegal transportation of 317 pieces of logs of wood (Chiran Patra) from forest area. It is submitted that the allegation against the petitioner

is false. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has

no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the trial of the case and to deposit Rs.35,000/-

with the Deputy Commissioner, Hazaribag without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that

the petitioner be given the privileges of anticipatory bail.

Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M.-1st Class, Hazaribag within six weeks from today and in

the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.35,000/- with the Deputy Commissioner,

Hazaribag and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned J.M.-

1st Class, Hazaribag in connection with Complaint (F) Case No.1608 of 2020 with the condition that he will co-operate with the trial of case and

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits Rs.35,000/- with the Deputy Commissioner, Hazaribag, learned court below will pass an appropriate order regarding the

same at the time of conclusion of trial.