Ram Baran Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54785 of 2016 Arising Out of PS.Case No. -1 Year- 2008 Thana -GOVERNMENT OFFICIAL COMP. DistrictJEHANABAD ====================================================== Ram Baran Prasad, Son of Sri Deo Prasad, Resident of Village - Makhdumpur, P.S. Makhdumpur, District - Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is apprehending his arrest in connection with Forest Case No. 1/2008/ Tr. No. 363/15, registered for offences punishable under Sections 33(b) of the Indian Forest (Bihar Amendment) Act, 1989 and later on 41 and 42 of the Indian Forest (Bihar Amendment) Act, 1989 have been added. It has been submitted on behalf of the petitioner that in the prosecution report, he was not named later on his name transpired during the course of investigation but what is the role of the petitioner in the present occurrence has nowhere been mentioned in the report submitted by forest personnel and whatever allegation is there that is against other accused person. Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there is no specific allegation attributed to this petitioner and he only
Patna High Court Cr.Misc. No.54785 of 2016 (2) dt.31-01-2017 2/3 happens to be the owner of the Crasher machine having license no. 08/03, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Smt. Namita Singh, learned Judicial Magistate, 1st Class, Jehanabad in connection with Forest Case No. 1/2008/ Tr. No. 363/15, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
It is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates
Patna High Court Cr.Misc. No.54785 of 2016 (2) dt.31-01-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T