IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8779 of 2010 Krishna Kamal Prasad, Son of late Jai Narayan Ram, Resident of Village Karwandiya, P.S. Sasaram (M), District Rohtas. ------- Petitioner Versus 1. State Of Bihar. 2. Sribhagwan Ram Govind, Son of not known to the petitioner, Ranger, Sasaram. --------- Opposite Parties ----------- 2 30.03.2010 Heard learned counsel for the petitioner and counsel for the State. The petitioner being aggrieved by an order taking cognizance for offence under Sections 33, 41 & 42 of the Forest Act has moved this Court with a defence that he was himself a lease holder and no offence can be said to have been made out by way of seizure or recovery of the materials. In the opinion of this Court, such defence of the petitioner can only be looked into in course of trial and therefore, if the petitioner would produce the materials, the court below would take into consideration and pass an appropriate order in accordance with law. Rsh (Mihir Kumar Jha, J.)