Chandrika Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29667 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ======================================================

1. Chandrika Sharma, son of Late Bandhu Sharma.

2. Jay Sindhu Mahto, son of Resham Lal Mahto. Both resident of village-Champapur, P.S. Valmikinagar, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with I.F. Case No.35 of 2018 registered under Sections 27, 29, 31, 42 and 51 of the W.L.P. Act.

The accusation is that a pickup van loaded with log of wood of the forest was seen coming from the forest. Thereafter, the forest officials chased the pickup van but two persons fled away, leaving the pickup van. At that time, both the petitioners were identified by the forest officials in fleeing condition. Learned counsel for the petitioners submits that it would appear from the F.I.R. that the petitioners were not

Patna High Court Cr.Misc. No.29667 of 2018(2) dt.14-05-2018 2/2 apprehended on the spot. In fact, the petitioners used to reside near the forest village and due to some dispute with the forest officials, the petitioners have falsely been implicated in this case. Further submission is that the petitioners have no concern either with the pickup van or the log of the wood, loaded on the pickup van.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with I.F. Case No.35 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T