Patna High Court

Sahdev Manjhi @ Sahadev ManjhiversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court held that the compoundable offences under the Indian Forest Act warrant the grant of pre‑arrest bail subject to the stipulated conditions.

Summary

Sahdev Manjhi was arrested in connection with Forest P.S. Case No.3 of 2016 for allegedly transporting and intending to sell "Bel" fruit, which is prohibited under a 1953 notification. The offences alleged were under Sections 33, 41 and 42 of the Indian Forest Act, 1927, which the petitioner argued are compoundable. The State opposed pre‑arrest bail, contending the illegal storage and sale of the fruit. The Court held that because the offences are compoundable, the petitioner is entitled to pre‑arrest bail, subject to a bank guarantee equal to the value of the seized produce, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the BNSS Act, 2023. The district court was directed to verify the petitioner’s criminal antecedents and the bail order would lapse if other cases are found.

Issues considered

Whether pre‑arrest bail can be granted for offences under Sections 33, 41 and 42 of the Indian Forest Act, 1927 which are compoundable
Whether conditions such as a bank guarantee and bail bond are appropriate under Section 482(2) of the BNSS Act, 2023

Legislation cited

BNSS Act, 2023 — s. 482
Indian Forest Act, 1927 — s. 33, 41, 42

Subjects

pre‑arrest bail
compoundable offence
Indian Forest Act
forest produce
bail conditions
Section 482
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11947 of 2026
                  Arising Out of PS. Case No.-3 Year-2016 Thana- FOREST (GOVERNMENT OFFICIAL)
                                                      District- Gaya
                 ======================================================
                 Sahdev Manjhi @ Sahadev Manjhi Son of Late Chotri Manjhi Resident of
                 Village Ragaini, Police Station - Gurpa, District - Gaya.
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheikh Arkan Ahmad, Advocate
                 For the Opposite Party/s       :       Mr.Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Forest P.S.Case No.3 of 2016, registered for the offences

                   punishable under Sections 33, 41 and 42 of Indian forest Act.

                                3. As per the allegation made in the FIR, the petitioner

                   was found transporting ‘Bel’ from the area notified for forest to

                   sell them in the market.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the offence has been alleged under

                   Sections 33, 41 and 42 of the Indian Forest Act, 1927 and the

                   same is compoundable and seeks that the petitioner be released

                   on bail.

                                5. Learned APP for the State vehemently opposed the

                   prayer for grant of pre-arrest bail to the petitioner having found

                   that he has illegally stored the ‘Bel’ fruit to sell them in the
            Patna High Court CR. MISC. No.11947 of 2026(2) dt.12-03-2026
                                                        2/2




                      market. Bel fruit has been notified, vide Notification No.CPF-

                      10148/52-23R dated 02.01.1953 to be prohibited.

                                   6. Having considered the rival submissions made on

                      behalf of the parties, as well as, considering the fact that the

                      offences being compoundable, the petitioner is directed to be

                      released on pre-arrest bail, in the event of his arrest or surrender

                      before the learned district court within a period of four weeks

                      from today, on furnishing a bank guarantee equal to the value of

                      the seized forest produce, along with a bail bond of Rs.10,000/-

                      (Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of learned J.M. F.C., Gayaji/concerned court, in

                      connection with Forest P.S.Case No.3 of 2016, subject to

                      conditions as laid down under Section 482(2) of BNSS of 2023

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-
U       T

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