IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35723 of 2011 Md. Akhtar @ Akhtar Hussain S/o Md. Sagiruddin . R/o Village - Purwari Jhirwa, P.S. Simraha ( Forbesganj ), Distt. - Araria Versus The State of Bihar ----------- 02 25.10.2011 This petition has been filed for grant of anticipatory bail to the petitioner who is apprehending his arrest in connection with Complaint Case No.61 of 2004 registered for the offences under Sections 33 and 41 of the Indian Forest Act and Section 5 of the Bihar Saw Mills Regulation Act. It transpires from the complaint petition that on 28.3.2004 certain quantity of logs of Shisham trees were recovered from the field and bamboo clumps. It has been alleged that five logs of Shisham tree were recovered and seized from the Saw Mill of the petitioner which was subsequently handed over to the petitioner on ‘Zimanama’. Learned counsel for the petitioner states and submits that he does not own any Saw Mill whatsoever, and the allegation against him is merely based on hearsay which is evident from the complaint itself. He has claimed that he has no criminal antecedent whatsoever which fact belies the allegation that the petitioner’s Saw Mill is said to have sealed earlier and in such an event certainly some criminal case would have been instituted against him. Heard learned counsel appearing for the State. Considering the facts and the main allegation against 2 the petitioner is based on secret information and also considering that the petitioner claims to have no criminal antecedent, and his denial of ownership of the Saw Mill in question, let the petitioner Md. Akhtar @ Akhtar Hussain be released on bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Araria in connection with C.C. No.61 of 2004 in the event of his arrest or surrender within six weeks from the date of communication/production of a copy of this order subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Chandran (Vikash Jain, J.)