Patna High Court

Sunil MehtaversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Sunil Mehta, was arrested for allegedly cutting three trees from their roots on government land, an act alleged to constitute offences under Sections 379, 411, 427 and 34 of the Indian Penal Code and Section ¾ of the Forest (Conservation) Act. He contended that the trees were planted on his own field, that he merely removed them without obtaining permission, and that he had no criminal antecedents, having been in judicial custody since 9 January 2026. The State opposed the bail application, arguing that the alleged acts amounted to theft, misappropriation and mischief under the IPC and a violation of forest law. The Court, after hearing both sides, considered the nature of the alleged offences, the petitioner’s lack of prior record, and the circumstances of his detention. It concluded that the petitioner was entitled to regular bail, subject to a bond of Rs.10,000 with two sureties. Accordingly, the Court ordered his release on bail pending trial.

Issues considered

Whether the petitioner is entitled to regular bail for offences under Sections 379, 411, 427, 34 IPC and Section ¾ Forest (Conservation) Act.
Whether the alleged cutting of trees without permission constitutes a cognizable offence justifying denial of bail.
Whether the petitioner’s lack of prior criminal record and the duration of custody warrant bail.

Legislation cited

Forest Conservation Act — s. ¾
Indian Penal Code — s. 34, 379, 411, 427

Subjects

regular bail
theft
mischief
forest conservation
Indian Penal Code
Section ¾ Forest Act
judicial custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26823 of 2026
                   Arising Out of PS. Case No.-266 Year-2024 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Sunil Mehta S/O Late Gurumukh Mehta @ Gurumukh Mehta, R/O Village -
                 Kulhariya, P.S- Babubarhi, District- Madhubani
                                                                   ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Leelawati Kumari, Circle officer, Babubarhi P.S- Babubarhi, Dist-
                  Madhubani
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gagan Deo Yadav, Advocate
                                                 Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 379, 411,

                   427 and 34 of the I.P.C. and Section ¾ of Forest (Conservation)

                   Act.

                                 3. The case of the prosecution, in short, is that during

                   patrolling, it was found that three trees have been cut from the

                   roots planted on government land without permission of local

                   administration by the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
             Patna High Court CR. MISC. No.26823 of 2026(2) dt.22-04-2026
                                                         2/2




                       case. Learned counsel for the petitioner has submitted that

                       though the land on which these trees were grown is the

                       government land but the trees were grown by the petitioner and

                       as the tree was entering in the field of the petitioner, he has cut

                       the tree. It has further been submitted that only fault of the

                       petitioner is that he has not taken permission from the

                       appropriate authority. Petitioner is having no criminal

                       antecedent and he is languishing in judicial custody since 09.01.

                       2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Additional Sessions Judge-II, Madhubani in connection with

                       Babubarhi P.S. Case No. 266 of 2024.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T

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