Baidhya Mahto @ Baidh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28165 of 2018 Arising Out of PS. Case No.-103 Year-2006 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== BAIDHYA MAHTO @ BAIDH MAHTO, S/o Sakaldeo Mahto, Resident of Village- Bairiya Kala, P.S.- Laukariya, District- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party :

Mr. Ramchandra Singh, APP 51 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Tr. No. 2062 of 2018 arising out of I.F. Case No. 103 of 2006 registered for offences punishable under Sections 33,41 and 52 of the Indian Forest Act.

Allegation against the petitioner is of theft of one bundle of seesam wood. The case is under Indian Forest Act. Submission of the learned counsel for the petitioner is that the case is lodged after 13 years of the occurrence and the petitioner has no criminal antecedent.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail

Patna High Court Cr.Misc. No.28165 of 2018(2) dt.16-05-2018 2/2 on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, I, Bagaha, West Champaran, in connection with Tr. No. 2062 of 2018 arising out of I.F. Case No. 103 of 2006 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions : (I) One of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioner will not induce any witness or tamper with evidence.

(III) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T