Kapildeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10217 of 2017 Arising Out of PS.Case No. -24 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Kapildeo Prasad, S/o Late Bahro Prasad, Resident of Village- Atri, P.S.- Atri, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Forest Case No. 24/13, registered for offences punishable under Section 33 of Indian Forest Act.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that he constructed a building on a land, which belonged to Forest Department but from from perusal of Annexure -3, it will appear that the aforesaid land is record in Khatihan as Bakast land and after purchasing the said land the petitioner had duly mutated the same in the Government land records and no objection was raised by anyone including informant. Further the land was notified in the year 1953 but no step has been taken by the informant to get the same corrected in the Government land records.

Patna High Court Cr.Misc. No.10217 of 2017 (3) dt.21-03-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the submission of learned counsel for the petitioner and also in view of Annexure -3 of this petition, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Forest Case No. 24/13, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation with Forest Department and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any

Patna High Court Cr.Misc. No.10217 of 2017 (3) dt.21-03-2017 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U