Vijay Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40081 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

VIJAY URAON, aged about 50 years, Male, Son of Basdeo Uraon, Resident of Village- Mandiha, P.S.- Gaunaha, District- West Champaran 2.

Abhayanand Paswan, aged about 23 years, Male, Son of Late Yogendra Paswan, Resident of Village- Mandiha, P.S.- Gaunaha, District- West Champaran 3.

Rajniti Diswa, aged about 32 years, Male, Son of Chapdradeep Diswa, Resident of Village- Mandiha, P.S.- Gaunaha, District- West Champaran 4.

Dinesh Yadav, aged about 36 years, Male, Son of Nathuni Yadav, Resident of Village- Sithi, P.S.- Gaunaha, District- West Champaran ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

The Forest Beat Officer, Sirisiya Forest Beat, District- West Champaran at Bettiah District- West Champaran at Bettiah ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

M/s Brij Kishor Mishra & Sachidanand Rai, Advs. For the State :

Mr. Anant Kumar 1, APP For the UOI :

Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioners seek anticipatory bail in connection with Forest P.S. Case No. 20F of 2018 for the offences alleged under Sections 33, 41, 42 and 52 of the Indian Forest Act. The accusation is that in course of the patrolling duty by the informant, being the Forest Beat Officer, two persons were seen cutting wood from the forest, some succeeded in fleeing away and the apprehended persons disclosed their names as Vivekand Paswan and Rajesh Uraon. They also disclosed the names of their co-associates, including the names of the petitioners.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.40081 of 2019(2) dt.01-07-2019 2/2 the petitioners were not apprehended on the spot rather their names appears in the confessional statement of the co-accused, Vivekand Paswan and Rajesh Uraon. The petitioners have no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Forest P.S. Case No. 20F of 2018 shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Rajendra Kumar Mishra, J) Shamshad/- U T