Patna High CourtCR. MISC./11007/2018bail granted

Shiv Balak And ORS v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11007 of 2018 Arising Out of PS.Case No. -74 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Shiv Balak Sao, son of Tetar Sao

2. Hari Sao, son of Mahavir Sao

3. Bhuneshwar Yadav, son of Mahadeo Sao

4. Dashrath Mistri @ Dashrath Mi, son of Dukhan Mistri

5. Swaroop Sao @ Sarup Sao, son of Dukhan Sao

6. Ramdeo Yadav @ Ramdeo Pd., son of Dhanu Yadav, all residents of village Jaipur, Post Hematpur, P.S. Fatehpur, District Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar No.- 4 For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Forest P.S.Case No. 74 of 2014 registered for the offences punishable under Sections 33(1) (a) (F), 41 and 42 of Indian Forest (Bihar Amendment Act), 1989.

Allegation against the petitioners is of cutting trees of the protected area of Forest Department.

Submission of learned counsel for the petitioners is that accusation is vague and most of the petitioners are aged persons having several diseases.

Heard learned APP also.

Patna High Court Cr.Misc. No.11007 of 2018 (3) dt.03-04-2018 2/2 Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Forest P.S.Case No. 74 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioners shall co-operate in investigation and appear before the Investigating Officer as and when required, except on genuine ground, failing which their bail bonds shall be cancelled (Vinod Kumar Sinha, J) spal/- U