Kamlesh Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50063 of 2015 Arising Out of PS.Case No. -37 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ======================================================
1. Kamlesh Yadav, Son of Ramsundar Yadav, Resident of Village- Golha, P.S. Dhibra, District- Aurangabad
2. Madan Yadav, son of Ram Baran Yadav, Resident of village- Dulare, P.S. Dhibra, District- Aurangabad .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2016 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 33 (C) of Indian Forest Act and Section 3 (A) of Forest Act.
As per the allegation, 700 ft. long and 16 ft. width road was constructed by using JCB machine in forest area without any paper causing loss to the department. It is contended that though the petitioners have been named as co-accused in the FIR but it is not at all stated that how their name has cropped up and on what basis, they have been named in the FIR. The petitioners claim to be of clean antecedent.
Having regard to the facts and circumstances of the
Patna High Court Cr.Misc. No.50063 of 2015 (3) dt.19-04-2016 2/2 case, let the petitioners, namely, Kamlesh Yadav and Madan Yadav be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Forest Case No.37/2012 (Trial No.1323/2015), on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Sanjeev Kumar, Judicial Magistrate, 1st Class, Aurangabad subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) V.K. Pandey/- U T