Santosh Yadav @ Santosh Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.23901 of 2017 (2) dt.25-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23901 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Santosh Yadav @ Santosh Kumar, son of Sri Rameshwar Yadav, resident of Village- Jarga, P.S.- Tilaiya, District- Kodarma (Jharkhand).

2. Narayan Singh, son of Late Dhiman Singh, resident of Village- Murli Pahari, P.S.- Tilaiya, District- Kodarma.

3. Littan Singh, son of Late Horil Singh, resident of Village- Murli Pahari, P.S.- Tilaiya, District- Kodarma.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan, Advocate.

For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-05-2017 Heard learned counsel for the petitioners. No one has appeared on behalf of the State.

The prayer is for grant of bail to the three petitioners herein who are accuseds of G.O. Case No. 102 of 2017 registered under Section 33 of the Indian Forest ( Bihar Amendment, 1989 ) Act,1927.

In substance, the allegation is that they were found digging mica in the forest and 50 kgs of mica dug by the petitioners was recovered.

It is submitted that the seizure witnesses are officials. The copy of the same was not given to any of the petitioners under

Patna High Court Cr.Misc. No.23901 of 2017 (2) dt.25-05-2017 signature. This shows a serious doubt on the prosecution case. Petitioners have no criminal antecedents and they are in custody for more than a month.

Considering the above, this Court is inclined to enlarge them on bail. Let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with G.O. Case No. 102 of 2017, subject to the condition that one of the bailors shall be the own/close family member of the petitioners.

(Kishore Kumar Mandal, J) Shyam/- U T