IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7381 of 2008 ARVIND YADAV @ ARVIND KUMAR Versus THE STATE OF BIHAR ----------- 3. 6.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner prays for anticipatory bail in a case under Section 33 of the Indian Forest Act. The allegation against the petitioner is that he and the other accused persons were carrying on illegal acts of mining in the reserved forest area. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and on mere suspicion, his name has been given in the first information report. It is submitted that nothing has been recovered from the conscious possession of the petitioner nor the petitioner was found on the spot when the so-called illegally mined stone chips were recovered. It is further submitted that the petitioner is a Panchayat teacher and a certificate has been issued by the Headmaster of the School that he was present throughout the day in the School on 25.11.2005 whereas the occurrence is alleged to have taken place on that day at 2.30 P.M. It is lastly submitted that exactly on similar allegation another co-accused (Shambhu Yadav alias Shambhu Sharan) has been granted anticipatory bail by order dated 20.3.2008 of this court passed in Cr. Misc. No.1124 of 2008. In the aforesaid facts and circumstances, it is directed that the petitioner ( Arvind Yadav alias Arvind Kumar ) in the event of 2 his arrest or surrender in the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri R.R. Tiwary, Judicial Magistrate, Ist Class, Gaya in connection with Forest Case No. 18 of 2005, Tr. No.1648/2007, subject to the conditions laid down under Section 438(2) Cr.P.C. VPS ( Ramesh Kumar Datta,J.)