Birendra Mahato And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35982 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -SAHODARA District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Birendra Mahato, S/o Bhagat Mahto,

2. Rakesh Mahato, S/o Gandri Mahto @ Gadar Mahto,

3. Deonath Mahto @ Deonath Patwari @ Mahto, S/o Nepali Mahto, All are resident of Village-Rajpur, P.S.-Sahodara, District-West Champaran.

4. Didu Pandey @ Akhilesh, S/o Late Brijesh Pandey, R/o VillageChakarsan, P.S.- Manpur, District- Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sahodara P.S. Case No.11 of 2018 registered under Sections 379 read with 34 of the Indian Penal Code, Rule 4 and 40 of the Bihar Minor Mineral Concessions Rules. Considering the allegation made in the first

Patna High Court Cr.Misc. No.35982 of 2018 (2) dt.03-07-2018 information report that the petitioners are involved in illegal transportation of mines from the reserved forest area and most of them have been made accused earlier also in cases related to Forest Act, I am not inclined to grant them pre-arrest bail. The application is rejected.

In case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Sanjeet/- U T