IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39323 of 2008 SHAMBHU SINGH @ BRAJ MOHAN SINGH, Son of Keshwar Singh, resident of Village Radhakhar, P.S. Bhagwanpur, District Kaimur -------------Petitioner Versus STATE OF BIHAR--------------Opposite Party ----------- 2. 22.10.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Mohania P.S. Case No.253/2007 for the alleged offences registered under section 414 of the Indian Penal Code and section 33 of the Indian Forest Act. The allegation is that the two trucks loaded with Kendu leaves were intercepted. On such interception, nobody had produced valid paper for possession of such leaves, which were loaded on the truck. However, during investigation, labourers had stated that Kendu leaves belong to the petitioner. Learned counsel for the petitioner submits that there is no material to connect the petitioner in the alleged offence or there is any evidence that those Kendu leaves belong to the petitioner. It is further submitted that there is no allegation in the F.I.R. that the Kendu leaves are alleged to have been taken from the protected forest. The learned counsel for the State opposes the prayer for bail. Considering the facts and circumstances, it is directed that the petitioner above named, in the event of his arrest or surrender 2 in connection with Mohania P.S. Case No.253/2007 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabua, Kaimur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)