Patna High CourtCR. MISC./41597/2015bail granted

Sita Singh And ORS v. The State Of Bihar

2015-10-08Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.41597 of 2015 (2) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41597 of 2015 Arising Out of PS.Case No. -35 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ======================================================

1. Sita Singh.

2. Ram Janam Singh Both sons of Sukh lal Singh.

3. Binay Singh, S/o Late Jagan Singh All Residents of Village- Jharna, P.S. Dhibra, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Chandra Bhaskar For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Sita Singh, Ram Janam Singh and Binay Singh who apprehend their arrest in Forest Case No.35 of 2013 under Section 33(c) of the Indian Forest Act. According to the prosecution case, the petitioners were cultivating the forest land after encroaching the same removing the bushes thereon causing loss to the State to the extent of Rs.3 lacs and odd.

The learned counsel for the petitioners submitted that the occurrence took place on 07.02.2011 but the F.I.R. has been

Patna High Court Cr.Misc. No.41597 of 2015 (2) dt.08-10-2015 lodged after much delay and the allegation is only the encroachment.

Considering the nature of allegation, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioners on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Forest Case No.35 of 2013.

(Mungeshwar Sahoo, J) Saurabh/- U T