Vansraj Mahto @ Vans Raj Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28380 of 2019 Arising Out of PS. Case No.-168 Year-2006 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== VANSRAJ MAHTO @ VANS RAJ MAHATO Son of Chinguri Mahato @ Chiguriya Mahato Resident of Village- Santpur Sohariya, P.S.- Valmikinagar, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of I.F. Case No. 168 of 2006 for the offence punishable under Sections 33, 41 and 42 of Indian Forest Act and Sections 27 and 29 of Wild Life Protection Act.

There is allegation in the report of the Forest Officer of felling a tree in Balmikinagar Protected Forest, allegedly, in violation of the provisions of Sections 27 and 29 of Wild Life Protection Act.

Learned counsel appearing on behalf of the petitioner has submitted that there is nothing to indicate in the report, which is the basis for registration of the case, that the petitioner had participated in commission of the offence. He has also submitted that a maximum sentence prescribed for the

Patna High Court CR. MISC. No.28380 of 2019(3) dt.02-05-2019 2/2 offence alleged is three years. He has also submitted that there is no chance of the petitioner fleeing away from the course of trial. Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned A.C.J.M. 1st, Bagaha, West Champaran in I.F. Case No. 168 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T