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Patna High CourtCR. MISC./28069/2019allowed

Raiful Azam v. The State Of Bihar

2019-04-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28069 of 2019 Arising Out of PS. Case No.-25 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

RAIFUL AZAM, 45 years, M, Son of Sheikh Kalam 2.

Sheikh Reyaz, 42 years, M, Son of Sheikh Anwarul 3.

Sheikh Sukat, 40 years, M, Son of Late Sheikh Razia 4.

Sheikh Jahir @ Sheikh Zakir, 46 years, M, Son of Raiful @ Sheikh Saiful 5.

Sheikh Gulab, 40 years, M, Son of Late Sheikh Rauf, all Resident of Village - Nautanwa, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Kanhaiya Kishore(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-04-2019 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Forest Case No. 25F of 2016 registered for the offence punishable under sections 2, 33, 41, 42 of the Indian Forest Act and section 2, 27, 29, 31 and 51 of the Wild Life Protection Act.

Learned counsel appearing for the petitioners submits that petitioners have not committed any offence and have been falsely implicated in this case merely on confession of the co-accused. Nothing has been recovered

Patna High Court CR. MISC. No.28069 of 2019(2) dt.29-04-2019 2/2 from the possession of these petitioners. They have not caused any harm to any wildlife, and as such the offence under the Wild Life Protection Act is not made out. Petitioners are men of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Forest Case No. 25F of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T