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Judgment
Sanjay Kumar Dwivedi, J
Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Forest Case No.256 of 2011, for offence registered under section 33 of Indian Forest Act, pending in court of learned Judicial Magistrate, First Class, Giridih.
Learned counsel for petitioner submits that false allegations are made against the petitioner of constructing well in the forest land. He further submits that the case is of the year 2011 and at that time the petitioner has moved in ABP No.44 of 2013 which was rejected by order dated 17.5.2013 and thereafter the petitioner has not moved before this Court. He next submits that in the meantime the petitioner was having mental problem and now the petitioner is 73 years of age and on these grounds, he again filed ABP before the learned Sessions Judge which has been rejected by order dated 28.12.2025. He then submits that now the summon has been received by the petitioner and the petitioner is apprehending his arrest. He also submits that the well was not constructed on the forest land by the petitioner.
Learned State counsel opposes prayer and submits that allegations of constructing the well on the forest land is there.
Considering that the petitioner has earlier not moved before this Court after rejection of the anticipatory bail by learned Session Judge and the petitioner is aged about 76 years and it has been pointed out that the petitioner’s mental health was not correct and even well was not constructed on the forest land by the petitioner, I am inclined to grant anticipatory bail to petitioner.
Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate, First Class, Giridih, in connection with Forest Case No.256 of 2011, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.