Ramayan Uraon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49057 of 2018 Arising Out of PS.Case No. -43 Year- 2004 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ======================================================

1. Ramayan Uraon, S/o Ramdayal Uraon.

2. Sita Ram Uraon, S/o Ramdayal Uraon,

3. Kamal Uraon, S/o Haricharan Uraon,

4. Kamlesh Uraon, S/o Haricharan Uraon, All resident of Village- Gullu, P.S.- Adhaura, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Forest Case No.43 of 2004 , registered for offences punishable under Sections 27 and 51 of Wild Life Protection Act and Section 33 and 66 of Indian forest Act of the Indian Penal Code.

Allegation against the petitioners is of encroaching the land of the forest for cultivation and there is also allegation of burning the log kept there.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case only on the basis of

Patna High Court Cr.Misc. No.49057 of 2018 (2) dt.27-08-2018 2/2 some suspicion and nothing has been recovered from their possession.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, 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 on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhabua (Kaimur) in connection with Forest Case no.43 of 2004 subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners 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 their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T