Patna High CourtCR. MISC./20355/2017allowed

Rambhawan Yadav v. The State Of Bihar

2017-06-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20355 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rambhawan Yadav, Son of Late Baliram Yadav, Resident of VillageBishunpurwa, Police Station- Sahodra, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Forest Case No. 19 of 2017 for the offence under section 33, 41 and 42 of the Indian Forest Act and Sections 2, 27, 29, 31 and 51 of the Wild Life Protection (Amendment,2006) Act. From perusal of the prosecution report at page 14, it appears that at the instance of Chouwkidar of Sahodra P.S. that 'Sheesam tree' was loaded on the tractor.

The attention of this court has been drawn to the confessional statement of one Laxman Yadav who disclosed the name of the petitioner. Counsel for the petitioner submits that confessional statement was recorded on 23.2.2017 and as such on

Patna High Court Cr.Misc. No.20355 of 2017 (2) dt.07-06-2017 2/2 the basis of information given by the informant he narrated the story about involvement of the petitioner in the instant case. The petitioner has stated on affidavit in para-3 that he has clean antecedent.

Having regard to the facts and circumstances mentioned above, let the petitioner, named above, be released on bail in the event of surrender or arrest before the court below within a period of four 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 learned Additional Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Forest Case No. 19 of 2017, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T