Gogu Mandal @ Gongu Mandal @ Dayanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47541 of 2018 Arising Out of PS.Case No. -47 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ======================================================

1. Gogu Mandal @ Gongu Mandal @ Dayanand Kumar S/o Kishori Mandal, R/o Vill.- Ramshir, P.S.- Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, 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 Official Complaint No. 47 C 2/2017, registered for offences punishable under Sections under Sections 26, 33,41, 42 and 52 of Indian Forest Act, 1927 and Sections 17A, 27, 29 and Section 32 of the Wild Life ( Protection) Act, 1972.

As per F.I.R., allegation against the petitioner is that the accused persons were engaged in the trafficking of stone chips and 53 Cft boulders and the petitioner is named in the F.I.R. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and alleged recovery has not been made from the conscious possession of the

Patna High Court Cr.Misc. No.47541 of 2018 (2) dt.16-08-2018 2/2 petitioner. It is further submitted that the petitioner has no criminal antecedent and the similarly situated co-accused person has been granted privilege of bail vide order dated 24.05.2018 passed in Cr. Misc. No. 31610 of 2018 and the petitioner has no criminal antecedent.

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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Complaint No. 47C 2 of 2017, 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