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Judgment
Ananda Sen, J
Heard the parties.
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offence under Section 33 of the Indian Forest Act.
Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
The allegation against the petitioner is that he by encroaching the forest land, has planted mango trees under the MGNREGA Scheme.
Since the allegation is that the petitioner has planted trees, though in the forest area, I am inclined to grant anticipatory bail to this petitioner.
Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Jamtara, in connection with O.C.R. Case No.2292 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.