Ramchandra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25527 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Ramchandra Bind, son of Bikau Bind @ Bikau Ram, Resident of VillageBishrampur (Chilbiliya Dih), P.S.- Baddi, District- Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Forest (Ban) Case No.28 of 2020 registered for the offence punishable under Sections 9, 29, 31, 39(iii), 48(k) and 49 of the Wildlife Protection Act, 1972.

Patna High Court CR. MISC. No.25527 of 2020(2) dt.28-09-2020 2/3 The allegation is that the villagers, including the petitioner and his family members, were indulging in the sale of venison. The police party upon raid has recovered some deer meat.

It is submitted that the police party had proceeded to apprehend the petitioner's son on suspicion. His son and others have fled away. The petitioner being 65 years old has been taken into custody and has been in custody since 11.04.2020. The petitioner has become the victim of circumstances though he has no concern with the venison.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Forest (Ban) Case No.28 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.25527 of 2020(2) dt.28-09-2020 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T