Damodar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44808 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

DAMODAR PANDEY Son of Brindaban Pandey Resident of Village- Jugri (Chandan), P.S.- Chandan, District- Banka.

2.

Jaikant Pandey Son of Ayodhya Pandey Resident of Village- Jugri (Chandan), P.S.- Chandan, District- Banka.

3.

Baijnath Pandey @ Baidhnath Pandey Son of Haradhan Pandey Resident of Village- Jugri (Chandan), P.S.- Chandan, District- Banka. 4.

Pramod Mandal @ Pramod Kumar Mandal Son of Giro Mandal @ Giridhari Mandal Resident of Village- Dubba, P.S.- Chandan, District- Banka. 5.

Manoj Mandal @ Manoj Kumar Mandal Son of Giro Mandal @ Girdhari Mandal Resident of Village- Dubba, P.S.- Chandan, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This application, for grant of anticipatory bail, arises out of C-18/2017 disclosing offences under Sections 33, 66(A) of Forest Act.

Allegation against the petitioners is of making encroachment on the forest land.

Submission of learned counsel for the petitioners is that the land in question belongs to the petitioners, which is evident from annexure -2 itself, which is a report submitted by the F.S.O., however, the said land has been shown as forest land

Patna High Court CR. MISC. No.44808 of 2019(3) dt.18-10-2019 2/2 and further petitioners are ready to abide by any condition imposed on them.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail 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 learned Additional Chief Judicial Magistrate -IV, Banka, in connection with C-18/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T