Lakhan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47761 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ======================================================

1. Lakhan Sah S/o Parsuram Sah, R/o Vill.- Tori, P.S.- Bhagwanpur, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Forest Case No. 35 of 2018, registered for offences punishable under Sections 33, 41, 42 and 52 of Forest Act as well as Section 27/29 of Witch Craft Act.

As per F.I.R., allegation against the petitioner is that when the police intercepted the motorcycle of the petitioner along with other co-accused persons with Balli and kendu leaves and seized the incriminating articles along with their motorcycle, thereafter, the petitioner along with others creates hindrance in discharging of official duty and also snatched motorcycle. Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.47761 of 2018 (2) dt.16-08-2018 2/2 there is no any specific allegation against the petitioner and nothing incriminating materials have been recovered from the possession of the petitioner and the petitioner is ready to abide all the conditions imposed upon him.

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 on surrender or arrest within six weeks be released on 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Forest Case No. 35 of 2018, 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/- U T