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Patna High Court

Shivnath SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner subject to specified conditions.

Summary

Shivnath Sharma applied for pre‑arrest bail after an FIR was lodged under Sections 41 and 42 of the Indian Forest Act, 1927 and several provisions of the Bihar Saw Mills (Regulation) Act, 1990, alleging he operated an illegal saw‑mill. The FIR was based on an anonymous complaint and the seizure of a sheesham log was claimed to have been conducted in violation of Section 100 of the Code of Criminal Procedure. The petitioner argued he had no connection with the seized mill and highlighted his clean antecedents, while the State contended that secret information linked him to the illegal operation. The Court examined the lack of independent witnesses, the procedural lapse, and the petitioner’s character, and consequently ordered that bail be granted if he is arrested or surrenders, subject to a Rs.10,000 bond, two sureties, and a family member as a bailor, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also set a four‑week window for surrender.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the FIR alleging offences under the Indian Forest Act and the Bihar Saw Mills (Regulation) Act.
  • Whether the seizure and search conducted violated Section 100 of the Code of Criminal Procedure, warranting bail.
  • Whether the petitioner’s clean antecedent and lack of direct involvement with the seized saw‑mill justify bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • illegal saw‑mill
  • forest law
  • Indian Forest Act
  • Bihar Saw Mills Regulation Act
  • Section 100 CrPC
  • bail conditions
  • anonymous complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2471 of 2026
                  Arising Out of PS. Case No.-23 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL)
                                                 District- West Champaran
                 ======================================================
                 Shivnath Sharma Son of Sushil Sharma @ Nathuni Sharma Resident of Vill. -
                 Mahuawa, P.S.- Kumarbagh, Block - Chanpatiya, Dist.- West Champaran.

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjeev Kumar, Adv.
                 For the Opposite Party/s :    Mr. Ram Sumiran Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Forest Case No. 23F of 2023, registered for the offences

                   punishable under Sections 41 and 42 of the Indian Forest Act,

                   1927 and Section 5, 8, 9, 10, 12, 13 and 14 of the Bihar Saw

                   Mills (Regulation) Act, 1990.

                                3. Based upon the written report of the forest officer

                   the present FIR came to be instituted with an allegation that the

                   petitioner is found engaged in running an illegal saw mill by the

                   side of a road. On raid, a sheesham log was recovered, besides

                   some other articles.
Patna High Court CR. MISC. No.2471 of 2026(2) dt.04-02-2026
                                            2/3




                       4. Learned Advocate appearing on behalf of the

          petitioner submitted that the present FIR came to be instituted

          on an anonymous complaint. The petitioner has no concern with

          the saw mill from where the alleged recovery has been made.

          The search list witnesses are members of the raiding team and

          they are not independent witnesses. The entire search and

          seizure has been made in complete defiance of Section 100 of

          the Code of Criminal Procedure; moreover, the petitioner is a

          man of fair antecedent and he undertakes that he will fully

          cooperate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the informant has received a secret information that the saw

          mill was being run illegally by the petitioner.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the specific assertion made by the petitioner that he has no

          concern with the saw mill which was seized and from where the

          recovery has been made, besides the fair antecedent of the

          petitioner, let the petitioner above named be released on bail, in

          the event of his arrest or surrender before the court below within

          a period of four weeks from the date of receipt/production of a
             Patna High Court CR. MISC. No.2471 of 2026(2) dt.04-02-2026
                                                         3/3




                       copy of this order, upon furnishing bail bonds of Rs.10,000/-

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

                       satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah,

                       West Champaran/Successor Court in connection with Forest

                       Case No. 23F of 2023, subject to the conditions laid down in

                       Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                       with the further condition that one of the bailors shall be the

                       own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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