Sudama Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46662 of 2024 Arising Out of PS. Case No.-112 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

Sudama Manjhi S/o Late Kangan Manjhi R/o vill - Ward no. 02, Dumari, Rupwaliya, P.S. - Gaunaha, Distt. - West Champaran, Bihar 2.

Mukesh Manjhi S/o Fagu Manjhi R/o vill - Ward no. 02, Dumari, Rupwaliya, P.S. - Gaunaha, Distt. - West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Mohan, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 2, 27, 29, 31, 51 of Wild Life Protection Act.

3.

Allegedly the petitioners are said to have been found indulged in cutting a 'Sal' tree in the forest. When the raiding team reached at the spot, they fled away.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. Petitioners have been made accused in this case on the

Patna High Court CR. MISC. No.46662 of 2024(2) dt.24-07-2024 2/2 basis of disclosure of the forest guard. No incriminating article has been recovered from the conscious physical possession of the petitioners. There is no direct evidence against the petitioners and petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Forest Case No.112 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T