Patna High Court
Munna Mian @ Md. IshteyarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because of the specific accusation and the gravity of the offences.
Summary
The petitioner, Munna Mian, sought anticipatory bail after fearing arrest in a case alleging he operated a saw‑mill without a valid licence, contravening Sections 5 and 14 of the Bihar Timber Saw Mills (Regulation) Act and Sections 41 and 42 of the Indian Forest Act. The prosecution argued that the FIR specifically accused him of running the saw‑mill without the requisite licence and documents. The petitioner contended he was innocent, had clean antecedents and was falsely implicated. The State opposed the bail, emphasizing the specific nature of the accusation and the seriousness of the offences. The Court, after considering the facts, the directness of the charge and the gravity of the alleged offences, rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested under the FIR.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR alleging unlicensed operation of a saw‑mill.
Legislation cited
- Indian Forest Act — s. 41, 42
Subjects
- anticipatory bail
- licensing
- timber saw‑mill regulation
- Indian Forest Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1043 of 2026
Arising Out of PS. Case No.-26 Year-2024 Thana- FOREST (GOVERNMENT OFFICIAL)
District- Jehanabad
======================================================
Munna Mian @ Md. Ishteyar Son of Late Qayum Ansari @ Qayam Mian R/o
Village- Shakurabad, P.S.- Shakurabad, in the district of Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 5 and 14 of
the Bihar Timber Saw Mills (Regulation) Act and Sections 41
and 42 of the Indian Forest Act.
3. As per prosecution case, this petitioner is alleged to
be running a saw mill without valid license.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely on suspicion. Petitioner claims clean
antecedents.
Patna High Court CR. MISC. No.1043 of 2026(2) dt.28-01-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that without having proper license and
documents, this petitioner was running saw mill.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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