Birendra Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32922 of 2015 Arising Out of PS.Case No. -46 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Birendra Choudhary Son of Late Jhapsi Choudhary,

2. Dinesh Manjhi, S/o Munsi Manjhi,

3. Goru Manjhi @ Gora Manjhi, Son of Baleshwar Manjhi, all resident of village - Lalpur, Durgapur Tola, P.S. - Bodhgaya, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 33 and 63 of the Forest Act.

Learned counsel for the petitioner submits that the petitioners have constructed Pucca building on the land in question since the year 1972 itself and as such it is the claim of the Forest Officers that the land is a part of forest area, is wholly misconceived.

Considering the nature of allegations made against these petitioners, let the petitioners abovenamed, in the

Patna High Court Cr.Misc. No.32922 of 2015 (2) dt.19-08-2015 P2/2 event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Forest Case No. 46/2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T