Manshi Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41114 of 2018 Arising Out of PS.Case No. -9 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Manshi Ram, S/o Late Jangi Ram.
2. Harvansh Ram, S/o Prakash Ram.
3. Ajay Ram, S/o Kailash Ram.
4. Budhsagar Mahto, son of Devi Mahto. All resident of VillageKadmahiya, P.S.- Valmikinagar, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, No. 1 For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of I.F Case No. 9 of 2015, disclosing offences under Sections 33, 41 and 42 of Indian Forest Act as well as under Section 27, 29, 31 and 51 of Wild Life Protection Act. Allegation is that forest officials were on patrolling duty and when they reached in compartment T/32 and saw that six persons were making logs after cutting Sisam Tree and after seeing the Forest Officials, they started fleeing away but two of them were caught, who disclosed the names of their associates.
Patna High Court Cr.Misc. No.41114 of 2018 (2) dt.17-07-2018 2/3 Learned Counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioners and they have falsely been made accused in this case and their names have surfaced in this case only on the basis of confession of co-accused and except that there is nothing against the petitioners.
Having heard both sides, in view of the above facts., let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Bagaha, in connection with I.F Case No. 9 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:- I.
One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
II.
The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the
Patna High Court Cr.Misc. No.41114 of 2018 (2) dt.17-07-2018 3/3 event on failure of their part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T