Dharamraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47218 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== DHARAMRAJ RAY Son of Keshwar Ray Resident of village - Gauri Belwa, Belahwa, P.S.- Naurangiya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 26C, 41, 42 of the Indian Forest Act and Sections-2(35), 27, 29, 31, 51 of the W.L.P. Act. Allegedly, motorcycle and Sal wood of forest are assaulted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.47218 of 2021(2) dt.22-12-2021 2/2 petitioner has been made accused in the present case due to mistake of fact. The allegation is that Sal wood was recovered. The informant claimed to have identified the petitioner. The petitioner is not known to the informant nor the informant is known to the petitioner. Hence the identification made by the informant itself appears to be doubtful.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bagaha, West Champaran in connection with I.F.. Case No. 103 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T