Amit Kumar Ram @ Amit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13968 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

Amit Kumar Ram @ Amit Kumar aged about 25 years Male, Son of Darshan Ram 2.

Lalbabu Ram aged about 22 years Male, Son of Indrashan Ram Both are Resident of Village - Bairiya Khurd, P.S.- Laukaria, District - West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with I.F. Case No. 156/2018 registered under Sections 27, 29 and 31 of the W.I.P. Act.

Learned counsel for the petitioners submits that the First Information Report has been lodged on the basis of the statement made by one Pancham Ram who gave written information to Range Officer Harnatand stating that on 23.01.2018 he along with other forest officials and SAP forces on patrolling duty and on seeing the mark of bicycle they proceeded towards the mark and saw that one person was coming along with Sal wood loaded on a cycle. It is alleged that

Patna High Court CR. MISC. No.13968 of 2019(2) dt.08-03-2019 2/3 after seeing the forest officials the said person tried to flee away but not succeeded and was apprehended by the forest officials and the rest accused persons fled away.

Learned counsel for the petitioners submits that so far as these petitioners are concerned, they were not apprehended nor anything has been allegedly recovered from the conscious possession of the petitioners. The name of the petitioners have come on the mere statement of the apprehended accused. It is submitted that the name of the petitioners have been intentionally dragged because they denied to render work without wages (Begari) of the forest officials who for their own benefit are utilizing the services of the workers without giving any wages.

The prayer of the petitioners for anticipatory bail has been opposed by the learned A.P.P. for the State. Considering the facts and circumstances of the case wherein these petitioners are said to be the habitants of the village which is situated adjacent to the forest area and the submission is that they were being used for doing work without wages which they denied and for that reason they were allegedly falsely implicated in the case as nothing has been recovered from their possession, in the event of their arrest/surrender

Patna High Court CR. MISC. No.13968 of 2019(2) dt.08-03-2019 3/3 before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st Bagaha, West Champaran, in connection with I.F. Case No. 156/2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T