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Patna High CourtCR. MISC./51457/2018bail granted

Subodh Ram And ORS v. The State Of Bihar

2018-08-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51457 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Subodh Ram,

2. Raju Ram, both S/o Kashi Ram,

3. Rajdev Uraon, S/o Ganesh Uraon, all resident of village- Hasnapur, P.S.- Chiutaha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in I.F. Case No.80 of 2017 instituted for the offence under Section(s) 17, 27, 29, 31 & 51 of Wildlife Protection Act.

Counsel for the petitioners submits that petitioners were not present at the spot. The informant has taken name of petitioners merely on suspicion.

In the written report, it is alleged that some persons was cutting trees in the forest area. The informant reached on hearing sound of talking of some people. They managed to run away from there. The informant identified three miscreants. There is no recovery of any article from the possession of the

Patna High Court Cr.Misc. No.51457 of 2018 (2) dt.31-08-2018 2/2 petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with I.F. Case No.80 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.

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