Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.733 of 2020 Arising Out of PS. Case No.-48 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Sunil Yadav Son of Nathu Yadav Resident of Village-Shitalbari Semrahani Don, P.S.-Goborahiya, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Rajeev Nayan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Indian Forest Case No. 48 of 2017, registered for the offence punishable under Sections 33, 41, 42 of the Indian Forest Act and sections 2, 17, 27, 29, 31, 32, 50, 51 and 52 of the W.L.P. Act It is alleged that petitioner along with other coaccused was involved in illegal cutting of Saal Tree. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner was not apprehended on the spot. Nothing has been recovered from possession of this petitioner. Co-accused Pannalal Sharma has been granted anticipatory bail by this court vide order dated
Patna High Court CR. MISC. No.733 of 2020(2) dt.20-02-2020 2/3 20.09.2018 passed in Cr. Misc. No. 57097 of 2018. Petitioner has got clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Indian Forest Case No. 48 of 2017 corresponding to Sessions Trial No. 3240 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.733 of 2020(2) dt.20-02-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T