Patna High Court

Shankar YadavversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted subject to a bond of Rs.10,000, two sureties of the same amount, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

Shankar Yadav sought bail fearing arrest in case 335C2/2013 filed under Section 33 of the Indian Forest Act for alleged encroachment of 0.14 acre of forest land, causing a loss of Rs.85,120. The prosecution alleged the encroachment, but the petitioner's counsel highlighted a four‑year delay between the forest officer's application (15‑July‑2009) and the filing of the case in 2013, with no explanation for the lapse. The petitioner's plot (No.1162, Khata No.60) differed from the forest plot (No.1165), indicating he had not cultivated the alleged forest land, and he possessed a clean antecedent. The State opposed bail. Considering the unexplained delay and the petitioner's clean record, the court ordered bail on the condition of a Rs.10,000 bond, two sureties of equal amount, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, provided the petitioner surrenders within eight weeks.

Issues considered

Whether bail should be granted to the accused in a case under Section 33 of the Indian Forest Act considering the delay in filing and the petitioner's clean antecedent.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Indian Forest Act — s. 33

Subjects

bail
forest encroachment
Indian Forest Act
Section 33
delay
clean antecedent
Bhartiya Nagrik Suraksha Sanhita
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12164 of 2026
                 Arising Out of PS. Case No.-335 Year-2013 Thana- FOREST (GOVERNMENT OFFICIAL)
                                                      District- Jamui
                 ======================================================
                 Shankar Yadav S/o- Uchit Yadav R/v- Pairgaha PO- Sahiya Ps- Jhajha Dist-
                 Jamui
                                                                        ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Shri Mahesh Chaudhary, Forest Gaurd R/v- Pairgaha UP Parisar Ps- Jhajha
                  Dist- Jamui
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Umesh Prasad
                 For the Opposite Party/s :    Mr.Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in Case No.

                   335C2/2013 registered under Section 33 of the Indian Forest

                   Act.

                                3. As per prosecution case, this petitioner is alleged to

                   have encroached forest land about 0.14 acre, causing loss of

                   government revenue to the tune of Rs. 85,120/-.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As per

                   prosecution report, the application of the Forest Range officer is

                   dated 15.7.2009 and the case was filed by the department in the

                   year 2013, vide Case No.335C2/2013, after lapse of four years
           Patna High Court CR. MISC. No.12164 of 2026(2) dt.24-02-2026
                                                       2/2




                     and there is no plausible explanation of delay. The survey of the

                     land was done behind back of petitioner. He further submits that

                     petitioner's plot number is 1162 and khata number is 60,

                     whereas Forest plot number is 1165 and both are different and

                     as such, petitioner has not cultivated forest land i.e. Plot No.

                     1165. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the delay in lodging the case and clean

                     antecedent, let the above named petitioner, in the event of

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned J.M. 1st Class, Jamui in connection with

                     Case No. 335C2/2013, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

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