Patna High Court
Shivnath SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Saw Mills (Regulation) Act, 1990 — s. 10, 12, 13, 14, 5, 8, 9
- Code of Criminal Procedure — s. 100
- Indian Forest Act, 1927 — s. 41, 42
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
Checking your session…