BABULAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 19-12-1995 passed by Additional Chief Judicial Magistrate, Kodarma in G. Cas No. 197/95 and that of the order dated 31-1-1996 passed by the Id Additional Sessions Judge through which the prayer of bail of the petitions: was rejected with an observation that provision of Sec. 167(2) will not be applicable in the instant case.

(2.) The fact, in short, for the purpose of this application is that on 21-4-1995, the truck bearing No. BR-1BH-4492 was apprehended it: which huge quantity of Khairwood was found loaded and the petitioner was the driver of the truck and as such the truck along with the Khairwood were seized and a report was submitted to the A.C.J.M., Kodarma for keeping this petitioner in custody for an offence under the Indian Forest Act, 1927 read with Bihar Amendment of 1989 i.e., under Sections 33,111 and 42 of the said Act and it has also been mentioned in the forwarding report that the accused person may be detained in custody and aft investigation the prosecution report will be submitted.

(3.) Earlier the prayer of bail of this petitioner was rejected by the court below and even the High Court rejected the prayer of bail in Criminal Misc. No. 3588/90(R) vide order dated 8-9-1995 with an observation that if the trial of the petitioner concluded within three months, he can renew his prayer of bail in the court below and a plea was taken that the petitioner or was remanded in the case on 21-4-1995 still the prosecution report has not been submitted till 19-12-1995 and as such the petitioner are entitled for bail under Sec. 167(2) of the Code of Criminal Procedure.