Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26800 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== 1.

MD. KHALIL S/O LATE AJIJ MIYAN, R/O VILLAGE-MUSEPUR, POLICE STATION-JEHANABAD, DISTRICT-JEHANABAD. 2.

MD. SALAM S/O MD. KHALIL, R/O VILLAGE-MUSEPUR, POLICE STATION-JEHANABAD, DISTRICT-JEHANABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Forest Case No. 04/2020 for the offence punishable under Sections 41 and 42 of the Forest Act, 1927.

The allegation against the petitioners is that they were carrying the wood belonging to the Forest Department by their vehicle. The vehicle was seized by the Forest Authorities. The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.26800 of 2021(2) dt.10-03-2022 2/2 that at the time of seizure, the authorities have not implicated the petitioners. The petitioners have been implicated only after issuance of notice by the Sessions Judge, Gaya. He has further submitted that one Binod Paswan of Village-Kako purchased the Jalawan wood, which was loaded on the Magic vehicle of the petitioners and it was intercepted by the Forest Authorities. Considering the above mentioned facts and circumstances, let the petitioners above named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad in connection with Forest Case No. 04 of 2020, subject to condition as laid down under Section 438 (2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) kamlesh/Mahesh U T