In the High Court of Judicature at Patna Cr. Misc. No.24802 of 2008 Md. Afroz @ Md. Afroz Alam Vrs. The State of Bihar **** /2/ 10.07.2008 Heard the counsel for the petitioner and the State. 2. Petitioner, Md. Afroz @ Md. Afroz Alam, son of late Zainuddin @ Sk. Jumman, is apprehending his arrest in connection with case bearing no. 25CC of 2003 registered for offence under Sections 33 and 41 of the Indian Forest Act and 5, 9, 10 and 14 of the Bihar Saw Mills (Regulation) Act. Counsel for the petitioner submits that the prosecution report is in the name of Afurul (Afroz), son of Sk. Jumman, which is not the petitioner, in spite of that he is being apprehended by the local police. In support of the identity the petitioner has annexed the identity card issued by the Election Commission of India and also his driving licence. It has also been submitted that warrant of arrest has been issued in the name of Md. Afurul (Afroz), son of Sk. Jumman, in spite of that he is being harassed. 3. The arrest of petitioner, Md. Afroz @ Md. Afroz Alam, son of late Zainuddin @ Sk. Jumman, is stayed in connection with the aforementioned case. The petitioner will appear before the concerned authorities of the Forest - 2 - Department as well as the Subdivisional Judicial Magistrate, Araria, within four weeks from today and will explain everything. In case the Subdivisional Judicial Magistrate, Araria, is satisfied, on perusal of entire documents that the petitioner is not the accused in the case, his bail bond should be accepted and he should be granted anticipatory bail in connection with the aforementioned case on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to his satisfaction subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. Cp:3/S.A. ( Mridula Mishra, J. )