Patna High CourtCR. MISC./27558/2023bail granted

Fulsharif Miyan v. The State Of Bihar

2023-07-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27558 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== FULSHARIF MIYAN Son of Madin Miyan Resident of Village - Baghambarpur, P.S. - Srinagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 33, 41, 42 of the Indian Forest (Bihar Amendment) Act, 1927 and Section 2, 27, 29, 31, 51 of the Wildlife Protection Act, 1972.

3. The informant alleges that sheesham trees were found cut in the forest and on inquiry, it transpired that the accused persons including the petitioner were involved in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

Patna High Court CR. MISC. No.27558 of 2023(2) dt.21-07-2023 2/2

5. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that entire allegation hinges around suspicion.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Forest Case No. 22 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T