Jayram Patwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40504 of 2018 Arising Out of PS.Case No. -157 Year- 2006 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Jayram Patwari S/o Late Bhikhu Patwari resident of Village- Kala Bairiya, P.S.- Laukariya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Trial No. 2230 of 2010, arising out of Indian Forest Case No. 157 of 2006, registered for offences punishable under Sections 2, 33(C), 41, 42, 52, 63 of Indian Forest Act and under Section 29 and 39 of the W.L.P. Act.
Allegation against the petitioner and other accused persons is that that they were dragging the sand from the forest and on seeing the forest officials, they fled away and petitioner is the owner of the tractor.
Submission of the learned counsel for the petitioner is that after 13 years of the occurrence, the progress report has been
Patna High Court Cr.Misc. No.40504 of 2018 (2) dt.12-07-2018 2/2 filed and the petitioner was not present there. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bagaha, West Champaran, in connection with Trial No. 2230 of 2010, arising out of Indian Forest Case No. 157 of 2006, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T