Chandradev Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48099 of 2022 Arising Out of PS. Case No.-15 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

CHANDRADEV MAHATO GOPALI MAHATO Resident of villageMainaha P.S.- Semra (Chiutaha), District- West Champaran. 2.

NAGENDRA MAHATO @ NAGESHWAR MAHATO S/O GOPALI MAHATO Resident of village- Mainaha P.S.- Semra (Chiutaha), DistrictWest Champaran. 3.

CHANDEW MAHATO @ CHANDARDEV MAHATO S/O VANSHRAJ MAHATO Resident of village- Mainaha P.S.- Semra (Chiutaha), DistrictWest Champaran. 4.

BHUNESHWAR MAHATO S/O VANSHRAJ MAHATO Resident of village- Mainaha P.S.- Semra (Chiutaha), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 33/41/42 of the Indian Forest Act and Sections 17/27/29/31/35/51 of Wild Life Protection Act.

The informant received a secret information that these petitioners have cut two green trees of Sal and when informant went to the spot alongwith his forest personnel, petitioners and others run away from the place of occurrence.

Patna High Court CR. MISC. No.48099 of 2022(2) dt.13-12-2022 2/2 It is submitted on behalf of petitioners that informant is not eye-witness of the occurrence and only on suspicion, petitioners have been made accused. Nothing has been recovered from conscious possession of the petitioners. Recovery has been made from an orchard, which is an open place. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bagaha, West Champaran in connection with Trial No. 1685 of 2022, arising out of I.F. Case No. 15 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T