Patna High Court
Dharmendra Kumar @ Dharmendra Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted where the alleged offences carry a punishment of less than three years, there is no prima facie evidence of forest material seizure, and the accused is not likely to flee or tamper with evidence.
Summary
The petitioner, Dharmendra Kumar, was accused of operating an illegal sawmill in violation of Sections 41 and 42 of the Indian Forest Act, 1927 and Sections 5, 10, 13 and 14 of the Bihar Saw Mills (Regulation) Act, 1990. He applied for anticipatory bail, claiming he was falsely implicated, that the alleged offences carry a maximum punishment of less than three years, and that no forest material was actually seized. The State opposed the bail. The Court considered the petitioner’s cooperation, the absence of any prima facie evidence of forest material seizure, and the pending license application, and concluded that the petitioner was not likely to abscond or tamper with evidence. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the alleged offences under the Indian Forest Act and Bihar Saw Mills (Regulation) Act justify denial of bail
- Whether the petitioner is likely to abscond or interfere with the investigation
Legislation cited
- Bihar Saw Mills (Regulation) Act, 1990 — s. 10, 13, 14, 5
- Code of Criminal Procedure — s. 482(2)
- Indian Forest Act, 1927 — s. 41, 42
Subjects
- anticipatory bail
- illegal sawmill
- Indian Forest Act
- Bihar Saw Mills Regulation Act
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4720 of 2026
Arising Out of PS. Case No.-29 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL)
District- Gaya
======================================================
Dharmendra Kumar @ Dharmendra Kumar Sharma Son of Late Ram Pravesh
Sharma Resident of Village- Belharia More, Tekari, P.S.- Tekari, District-
Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 41 and 42 of the Indian Forest Act, 1927 and Sections
5, 10, 13 and 14 of the Bihar Saw Mills (Regulation) Act, 1990.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and the complainant
alleges that 29.04.2022 at 9.00 A.M., he reached Belharia
crossing, Tekari and saw an illegal sawmill in operation, but the
accused persons fled and on enquiry, it transpired that the
sawmill was being run by the petitioner. It is next alleged that
the sawmill was confiscated earlier also.
Patna High Court CR. MISC. No.4720 of 2026(2) dt.19-03-2026
2/3
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
complainant. It is next submitted that the offences for which the
instant complaint has been instituted carries punishment of less
than three years. It is further submitted that it is not the case of
the complainant that any forest material was seized from the
sawmill rather it is alleged that three pieces of cut wood plank
was found, but then, it is not alleged that said seized wood
belonged to the forest. It is also submitted that petitioner had
applied for obtaining license of sawmill and the same till date is
under consideration. It is next submitted that even petitioner had
approached this Court by filing CWJC No.7556 of 2019 for
getting his application regarding license disposed off and CWJC
No.7556 of 2019 was disposed of by an order dated 11.04.2019.
It is also submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
Patna High Court CR. MISC. No.4720 of 2026(2) dt.19-03-2026
3/3
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Forest P. S. Case
No.29 of 2022, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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