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Patna High CourtCR. MISC./53996/2017bail granted

Ganga Bhuiyan And ORS v. The State Of Bihar

2017-11-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53996 of 2017 Arising Out of PS.Case No. -1377 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Ganga Bhuiyan, S/o Late Ram Prasad Bhuiyan, resident of VillageBhandar, P.S.- Dhurki, District- Garhwa (Jharkhand).

2. Surendra Ram, S/o Laxman Ram, Resident of village- Jhoter, P.S.- Dandai, District- Garhwa (Jharkhand).

3. Bhuneshwar @ Bhuneshwar Ram, S/o Laxman Ram, Resident of village- Jhoter, P.S.- Dandai, District- Garhwa (Jharkhand).

4. Pintu Kumar, S/o Late Baleshwar Ram, resident of Village- Amara, P.S.- Sasaram (M), District- Rohtas.

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Sasaram Muffasil P.S. Case No. 1377 of 2017 registered under Section 379 of the Indian Penal Code Sections 33, 41, 42 & 52 of the Forest Act. As per the prosecution case, the petitioners and other accused persons are said to have been indulged in the illegal mining of the stone at Basantpur Tola, Sasaram and they were apprehended by the Forester.

It is submitted by learned counsel for the petitioners that the allegations against them are not specific rather general and

Patna High Court Cr.Misc. No.53996 of 2017 (02) dt.13-11-2017 2/ 2 omnibus in nature. No incriminating article has been recovered from their conscious physical possession rather some hammer etc. are said to have been recovered from the Basantpur Tola. The petitioners have been falsely implicated in this case. Petitioners have been languishing in custody since 24.09.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Muffasil P.S. Case No.1377 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T