Mahesh Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49337 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mahesh Bin S/o Asharfi Bin, R/o Village- Rewa Tola, P.S.- Mahalbari, District- Nawal Parasi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Vijay Kr Singh No 1, Advocate For the S t a t e : Mr Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 17, 27, 31, 51 of Wild Life Protection Act. Allegation in the first information report is that the petitioner was apprehended by the Members of the Patrolling Party in the forest area. Further allegation is that the petitioner was one amongst the five persons who were cutting some trees in the forest area. From the seizure list, it appears that small piece of wood and some cutting tools are said to have been recovered. Prior to the instant case, petitioner has clean antecedent as has been stated in the instant petition. Further submission made on

Patna High Court Cr.Misc. No.49337 of 2017 (2) dt.17-10-2017 2/2 behalf of the petitioner is that he has been falsely implicated in this case as he is the resident of the nearby village. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and that the petitioner is in custody since 07.09.2017.

Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in I F Case No 123 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail.

(Madhuresh Prasad, J) M.E.H./- U T