Sanjay Kumar Dubey @ Sanjay DubeyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91145 of 2025
                   Arising Out of PS. Case No.-211 Year-2012 Thana- CHAKIA District- East Champaran
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           1.     Sanjay Kumar Dubey @ Sanjay Dubey S/o Madhav Dubey R/o vill - Puran
                  Chapra, P.S.- Chakia, Distt.- East Champaran
           2.    Rupesh Kumar @ Rupesh Patel S/o Jokhan Patel R/o vill - Puran Chapra,
                 P.S.- Chakia, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in connection with Chakia P.S. Case No. 211 of 2012

                   instituted for the offences punishable under Sections 413, 353

                   and 186 of the Indian Penal Code, Section 33 of the Forest Act

                   and Sections 5/7(5),8/9/10/13/14 of the Bihar Saw Mill

                   Regulation Act, 1990.

                                3. As per the prosecution case, the allegation against

                   the petitioners is that they had obstructed the informant when

                   the illegal saw mill was running by one Firoz Khan being

                   closed.
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                       4. Learned counsel for the petitioners submits that the

          petitioners are not the owners of the said saw mill and they have

          no concern whatsoever and they were not even aware of the

          lodging of the present FIR. It has been submitted that though the

          case is of the year 2012 the order sheet, which has been

          produced before the Court for perusal, shows initially the

          summons were issued however no report of the same was

          brought before the court and ultimately non-bailable warrant

          was issued in the year 2022 and without waiting for the

          execution report, the learned trial court has issued the process

          under Section 82 Cr.P.C. It has also been submitted that in view

          of the judicial pronouncements, it is not an absolute bar for

          entertaining an anticipatory bail application as contained in the

          judgment rendered by the Hon’ble Supreme Court in the case of

          Asha Dubey v. State of Madhya Pradesh reported in 2024 SCC

          OnLine SC 5633. It is further submitted that from perusal of the

          order sheet it would be evident that there was no execution

          report of the non-bailable warrant issued against the petitioners

          and without waiting for the same Section 82 Cr.P.C. was issued.

          It has lastly been submitted that the petitioners have clean

          antecedents.

                       5. Learned APP appearing on behalf of the State has
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          vehemently opposed the prayer for anticipatory bail.

                       6. Considering the facts aforesaid, the petitioners are

          directed to be released on bail, in the event of their arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          their furnishing bail bonds in the sum of Rs. 10,000/- (Ten

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

          satisfaction of the learned Additional Chief Judicial Magistrate,

          East Champaran, Motihari in connection with Chakia P.S. Case

          No. 211 of 2012, subject to the conditions as laid down under

          Section 482 of the BNSS and subject to the following

          conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners;

                       (ii) the petitioners will remain present on each and

          every date fixed by the Court below, if so required by the

          learned Trial Court;

                       (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will liable to be cancelled by the Court concerned;

                       (iv) the Court below shall verify the criminal

          antecedent of the petitioners and in case at any stage, it is found
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                      that the petitioners have concealed their criminal antecedents,

                      the court below shall take step for cancellation of bail bonds of

                      the petitioners. However, the acceptance of bail bonds in terms

                      of the above mentioned order shall not be delayed for purpose

                      of the same on in the name of verification.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T