Kapil Keshari @ Kapil Dev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48506 of 2022 Arising Out of PS. Case No.-124 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

Kapil Keshari @ Kapil Dev Prasad Son Of Ramdhari Keshari Resident Of Village - Laxmipur Chowk, P.S.- Valmiki Nagar, Distt.- West Champaran. 2.

Suresh Kesari @ Suresh Kumar Keshari Son Of Kapil Kesari @ Kapildev Prasad Resident Of Village - Laxmipur Chowk, P.S.- Valmiki Nagar, Distt.- West Champaran.

3.

Ramesh Kesari @ Ramesh Prasad Keshari Son of Kapil Kesari @ Kapildev Prasad Resident of Village - Laxmipur Chowk, P.s.- Valmiki Nagar, Distt.- 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.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 33, 41 and 42 of Indian Forest Act and Sections 27, 29, 31, 32 and 51 of Wild Life Protection Act.

As per prosecution case, on secret information a raid was conducted and two pieces of illegally cut logs were found in Laxmipur village Kapil Kesari behind the house of the petitioners.

Patna High Court CR. MISC. No.48506 of 2022(2) dt.13-12-2022 2/2 Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is submitted that petitioners have been made accused in the present case only on the basis of suspicion. The alleged recovery has been made behind the house of the petitioners and not from the premises of these petitioners. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in Trial No. 1493 of 2022 arising out of I.F. Case No. 124 of 2011, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T