Banshi Yadav v. The State of Jharkhand

Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kumar Singh, Advocate. For the State : Mr. P. K. Chatterjee, Spl.P.P. ----- 04/ 23.07.2025 Heard the parties.

This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Section 33 of Forest Act and Section 33C of the Bihar Amendment Act 1989 and Forest Conservation Act, 1980 pending in the Court of learned S.D.J.M, Hazaribag in connection with G (F) Case No. 484 of 2019.

This case arises out of a government complaint. It is alleged that in the land which was recorded as forest land the petitioner has constructed a house over 261 sq.ft. area.

Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

Since the case arises out of complaint there is no question of custodial interrogation. Further cognizance has already been taken and summons have been issued. 1

Considering the fact of the case which arises out of complaint and since cognizance has already been taken there is absolutely negative scope of arresting the petitioner. Thus the apprehension of the petitioner that he will be arrested is misconceived.

Accordingly, this Anticipatory Bail Application stands disposed of.

The petitioner to appear before the court concerned with an undertaking that he will appear before the trial court as and when directed and will not delay the trial. (ANANDA SEN, J.) Tanuj/Cp-3 2