Suro Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52474 of 2018 Arising Out of PS.Case No. -684 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ======================================================

1. Suro Pandit S/o Late Lugan Pandit,

2. Matal Pandit,

3. Tetu Pandit,

4. Harkhu Pandit All Sons of Suro Pandit, All R/o Vill.- Maharaydih, P.S.- Chakai, District- Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Akhauri Kamal Kishore Sahay, Advocate.

For the Opposite Party : Mr. Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 33 of the Indian Forest Act.

The prosecution story, in brief, is that the Forester Dulanper Area sent a report to the Forest Officer, Jamui, who received it on 01.08.2010 in which it has been said that the disputed plot was declared protected forest on 12.05.1956 by Government of Bihar but the petitioners ploughed the field after uprooting the plants for plantation which is violation of Section 33 of the Forest Act, 1927.

Patna High Court Cr.Misc. No.52474 of 2018 (2) dt.10-09-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. As per allegation, the petitioners are cultivating the forest area. The petitioners submit that the land in question belongs to them and they are title holders of the land in question. The land revenue record also indicates that the land in question is in possession of the petitioners. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ prosecution report.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Jamui, in connection with Case No. 684C2/2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T