IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4033 of 2010 SHRI KANT SHARMA & ANR Versus STATE OF BIHAR ----------- 2 18.3.2010 KHAN Heard counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under sections 41 and 42 of the Indian Forest Act, 1927 and under sections 8,9,10,14,13 of the Bihar Chiran Act, 1990. The allegation against the petitioners is that they were running the saw mill without any valid licence. Learned counsel for the petitioners submits that the offences under the Bihar Chiran Act are bailable and only after amendment in Indian Forest Act, section 42 was made non-bailable. This court finds that the petitioner were not able to produce any valid licence for operating the saw mill. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for bail is rejected. However, if the petitioners surrender and pray for regular bail, the same would be considered by the learned court below after taking into consideration that the prosecution report was filed belatedly after three months on 15.6.2009 whereas date of inspection of saw mill was 9.3.2009 and without being prejudice by the fact that the petitioners moved this court for grant of anticipatory bail. (S.P.Singh,J)