Hari Bot @ Hari Bhot v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52392 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hari Bot @ Hari Bhot, Son of Garabh Bot, Resident of VillageKamarghinwa, P.S.- Gobarahiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Indian Forest Case No. 08/16 for offences punishable under Sections 9, 27, 49 of the Indian Forest Act.

The prosecution case is that on basis of secret information the house of the petitioner was searched by the forest authorities and country-made gun, five live cartridges, five empty cartridges along with some bones and hairs of wild animals were recovered. Accordingly, Gobarahiya P.S. Case No. 01/16 was lodged under Section 25(1-b) a, 26 of the Arms Act.

It has been submitted by the learned

Patna High Court Cr.Misc. No.52392 of 2016 (2) dt.16-12-2016 2/3 counsel for the petitioner that prosecution report has already been submitted, petitioner does not have any other criminal history and in the Arms Act case he has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 39234 of 2016 on 17.09.2016 and is in custody in the Arms Act case from 22.01.2016 and remanded in the present case on 03.03.2016 and that only four bones of tiger and some hairs of forest pig has been found along with some instruments.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the period of detention and that the petitioner has been granted bail in the Arms Act case, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Bagaha, West Champaran, in connection with Indian Forest Case No. 08/16 subject to the condition that the petitioner will cooperate with the investigation and appear before the police/ court as and when required and failure to appear on two consecutive

Patna High Court Cr.Misc. No.52392 of 2016 (2) dt.16-12-2016 3/3 dates without assigning any reason will entail cancellation of his bail bond.

(Nilu Agrawal, J.) Rajesh/- U T