Ghutra Yadav @ Ghutara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13376 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- FOREST (GOVERNMENT OFFICIAL) District- Nawada ====================================================== Ghutra Yadav @ Ghutara Yadav Son of Late Jago Yadav Resident of VillageNear Hanuman Mandir, Parho, P.O.- Saphy, P.S.- Domchach, DistrictKodarma (Jharkhand), ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with G.O (F) Case No. 160 of 2024 registered for the offences under Sections 26 and 33 of the Indian Forest Act, 1927 and Sections 27, 29, 31 and 51 of the Wild Life Protection Act, 1972.

3. As per prosecution case, petitioner was found involved in illegal mining of mica. From the spot, recovery of implements of mining as well as 80 kg of mica were recovered. Petitioner was apprehended from the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has

Patna High Court CR. MISC. No.13376 of 2025(2) dt.07-03-2025 2/3 ever taken place and nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner is a poor person and goes to the forest area for picking woods and as the miscreants were digging mica and the police party conducted raid, the petitioner was apprehended on suspicion. For this reason, no offence under the Indian Forest Act as well as Wild Life Protection Act, 1972 are made out against the petitioner. Petitioner is in custody since 15.12.2024 and chargesheet has been submitted. Petitioner is having antecedent of one case in which he is on bail.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/concerned court in connection with G.O.(F) Case No. 160 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other

Patna High Court CR. MISC. No.13376 of 2025(2) dt.07-03-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T