Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59659 of 2017 Arising Out of PS. Case No.-32 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Mahendra Ram, S/o- late Shambhu Ram, Resident of Village - Machaha, P.S.- Chanpatia (Sirisiya O.P.), District - West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act and Sections 2, 9, 27, 29, 31 and 50 of the Wild Life (Protection) Act.

The prosecution case, as per the informant being a Forest Guard is to the effect that the miscreants cut two Sagwan trees and took away three logs of Sagwan tree and left two logs. During search, the petitioner was identified as one of the persons who committed theft.

It is submitted by learned counsel for the petitioner that the petitioner was the employee of the concerned forest division, and due to some payment dispute, the petitioner filed Complaint

Patna High Court Cr.Misc. No.59659 of 2017(2) dt.12-12-2017 2/2 Case No. 553 of 2016 with accusation under Sections 406, 420 and 384 of the IPC and Complaint Case No. 387 of 2016 with accusation under Section 323 and 418 against the informant and thereafter, as a retaliatory measure, the petitioner has been roped in the present case and two other cases with accusation under the Indian Forest Act and Wild Life Protection Act. However, the petitioner is also involved in two other cases, registered under the provisions of the IPC, in which he is on bail. Considering the fact that the accusation has been levelled on the basis of suspicion, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Forest Case No. 32 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.