Patna High CourtCR. MISC./36895/2017bail granted

Chhedi Mandal v. The State Of Bihar

2017-08-10Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.36895 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36895 of 2017 Arising Out of PS.Case No. -15 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Chhedi Mandal, Son of Late Chichen Mandal, Resident of VillageHisanpur Shiv Ram, Police Station- Balua Bazar, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Misc. (Forest) Case No. 15 of 2011 arising out of Offence Report No. 02 of 2011 (Chhatapur) instituted for the offence under Sections-33, 42 of Indian Forest Act (Bihar Amendment Act, 1989).

It is alleged in the written report that the informant, a forest guard got information from the villagers that this petitioner has cut away the plant of forest department, and pieces of wood log has been recovered from the canal water and accordingly, seizure list was prepared.

As per written report itself, it is clear that there is no recovery from possession of the petitioner. It is alleged in the written report that name of the petitioner has been disclosed to the informant by unknown villager.

Patna High Court Cr.Misc. No.36895 of 2017 (2) dt.10-08-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Misc. (Forest) Case No. 15 of 2011 arising out of Offence Report No. 02 of 2011 (Chhatapur) to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Supaul subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.