Nazrul Hassain And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20718 of 2018 Arising Out of PS.Case No. -183 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nazrul Hassan

2. Sadrul Hassan @ Sadarul Hussain

3. Zadrul Hassan @ Zafrul Hussain All three sons of Badarulzama resident of village - Bisaha, P.S. Valmikinagar, 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. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 2, 17, 27, 29 and 51 of the Wild Life Protection Act. The prosecution case as per the written complaint filed by the Forest Range Officer, Valmikinagar submitted to the learned ACJM, Bagaha to the effect that on 21.12.2017 it was found during inspection that the petitioners and co-accused persons were transporting the sugar cane after harvesting from the Valmikinagar reserved forest area. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.20718 of 2018 (2) dt.20-04-2018 petitioners that the Forest Department does not do cultivation of sugar cane. Admittedly, the sugar cane was grown by the petitioners. There was dispute with regard to the measurement and demarcation of the land in question and in the background of such dispute the accusation has been levelled against the petitioners. Though, the petitioners are accused in other cases of similar nature also but they have been granted bail. Learned APP, however, submits that the petitioners are named in the FIR.

Considering the accusation in the background of dispute between the parties from before, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Bagaha, West Champaran in connection with I.F. Case No. 183 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T