Bachcha Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.13410 of 2017 (2) dt.01-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13410 of 2017 Arising Out of PS.Case No. -29 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bachcha Singh, Son of Rameshwar Singh, Resident of Village- Bangra Firoj, P.S.- Banuraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Sri Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mehsi P.S. Case No. 29 of 2015, registered under Section 414 of the Indian Penal Code and Section 41 and 42 of the Forest Act. The accusation is that the police, on receiving secret information about illegal business of cutch tree (khair wood) near Chakdagraha Shiv Mandir, Village-Dagraha, reached there and saw that some cutch wood (khair wood) at the back side of Shiv Mandar. On query, villagers disclosed that the same cutch wood (khair wood) is of petitioner and he sold the same to businessman Akkhilesh Tiwary and Anandi Singh.

Patna High Court Cr.Misc. No.13410 of 2017 (2) dt.01-05-2017 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion and the orchard, in which, cutch tree (khair wood) was recovered, is not belonging to the petitioner. It is further submitted that petitioner has not criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Motihari, East Champaran, in connection with Mehsi P.S. Case No. 29 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T