Putul Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5854 of 2019 Arising Out of PS. Case No.-5 Year-1997 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== Putul Thakur son of late Rajendra Thakur, resident of village- Bhena,P.S.- Triveniganj,District-Supaul.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Misc. (Forest) Case No. 19 of 1997 vide office report No. 5 of 1997, registered under Sections 33, 41 and 42 of the Indian Forest Act.

The accusation is that on 23.06.1997 secret information was received by Forest Officer, Supaul to the effect that Shisham tree is being cut at Murliganj branch canal. Thereafter, he along with other staffs reached there and seized shisham wood logs loaded on tractor bearing registration No. BR-19/4196.

Learned counsel for the petitioner submits that petitioner is not named in the office report. In course of

Patna High Court CR. MISC. No.5854 of 2019(7) dt.17-06-2019 2/2 investigation, Laxmi Paswan, Ex-Mukhiya of village-Gaonaha disclosed that Surendra Sardar and Sahdeo Mandal were cut the Shisham tree on the instruction of Banpal (petitioner), but they did not produce any order or written direction of the petitioner except that nothing has been collected against the petitioner, who was posted as Banpal. Further submission is that petitioner has falsely been implicated in this case by Laxmi Paswan, ExMukhiya of village- Gaonaha. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Supaul in connection with Misc. (Forest) Case No. 19 of 1997 vide office report No. 5 of 1997, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.