Baijnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32794 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== BAIJNATH MAHTO, SON OF FAUDAR MAHTO VILLAGE PACHRAUTA PS BHANGAHA 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. Md. Nazir Ansari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Forest Case No.48F of 2020, instituted for the offences under Sections 33, 41, 42 of the Indian Forest Act and Sections 2, 27, 29, 31, 51 of the Wild Life Protection Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 20.10.2020 and prosecution report has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that petitioner along with two others had cut the wood and loaded it on their cycle

Patna High Court CR. MISC. No.32794 of 2021(2) dt.29-11-2021 2/2 and when they saw the informant, they tried to flee, out of them one was apprehended.

Learned counsel for the petitioner submits that the petitioner lives adjacent to the jungle and has been falsely implicated as the wood was recovered from the cycle and the person, who was really carrying the wood, had already fled away and it was this petitioner, who was passing by. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 20.10.2020 and prosecution report has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Forest Case No.48F of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T