Patna High CourtCR. MISC./23147/2019allowed

Rajeshwar Mahto v. The State Of Bihar

2019-04-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23147 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

RAJESHWAR MAHTO S/o Natai Mahto R/o village- Dumari, P.S.- Govardhana, District- West Champaran 2.

Saryug Mahto S/o Lakhan Mahto R/o village- Dumari, P.S.- Govardhana, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-04-2019 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The petitioner are in custody in connection with Forest Case No. 11 of 2019 for the offence Section 2,7, 9, 17, 27, 31, 50, 51 of Wild Life Protection Act, 1972. Learned counsel for the petitioners submits that the petitioner have no criminal antecedent. Referring to the prosecution case he submits that from prosecution case it would be apparent that the name of the petitioners were subsequently added in the seizure list. Learned counsel further submits that if petitioners was arrested on 23.1.2019 at 6.30 A.M. then he would have been produced before the nearest Magistrate along

Patna High Court CR. MISC. No.23147 of 2019(2) dt.10-04-2019 2/2 with seizure list on 23.1.2019 itself but the petitioners was apprehended subsequently as an afterthought they were produced in morning on 24.1.2019 otherwise their custody were illegal and constitutional.

Considering the fact that the petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Bagaha, West Champaran in connection with Forest Case No. 11 of 2019.

(Anil Kumar Upadhyay, J) T.Kr./- U T