IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11478 of 2010 ARUN KUMAR SINGH . Versus STATE OF BIHAR . ----------- 2. 04-May-2010 Heard learned counsel for the petitioner and learned counsel for the State. The case against the petitioner has been lodged before the police by the forest official of Forest Division, Ara alleging that on receipt of information about illegal cutting of Government tree, when he reached near the place of occurrence, he found one person there with a tractor who was trying to get the tree cut and loaded on the tractor parked nearby. The informant took photographs and prohibited that man from lifting the wood. That person disclosed his name as Arun Kumar Singh (petitioner) and claimed that he had got the tree cut and asked the informant to go away quietly. When the informant did not leave the place, he was assaulted, abused and his camera was taken out of the bag and broken causing loss of Rs.7000/-. Thereafter, petitioner insisted on taking away the wood but on intervention of some other persons who wanted to protect - 2 - the informant as he was a Government servant, the petitioner agreed to give in writing that he was taking the wood on an undertaking to produce the same. In that Jimmenama, the petitioner gave the name of his father and address also. Learned counsel for the petitioner has submitted that there is no direct evidence that the petitioner had got the tree cut and allegation of assault etc. is not of serious nature. He has also submitted that FIR was lodged after a delay of two days which has not been explained. The plea of alibi was also taken on the ground that petitioner is a police constable and there is a certificate by some policeman that he was present in the Association office on 15.1.2010 from 10:00 A.M. to 8:00 P.M. The delay in lodging the case has been explained by the informant who has admitted that he was terrified and instead of going to the police station in dark hours, he went back to Ara and only after regaining his composure he lodged this case. Considering all the facts and circumstances, this court is not persuaded to grant the benefit of anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail - 3 - is rejected. This order shall not prejudice the case of the petitioner if he surrenders and seeks regular bail. perwez (Shiva Kirti Singh,J.)