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Patna High CourtCR. MISC./3804/2016bail granted

Sanjay Singh And ORS v. The State Of Bihar

2016-04-12Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3804 of 2016 Arising Out of PS.Case No. -34 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ======================================================

1. Sanjay Singh Son of Sitaram Singh

2. Pankaj Singh Son of Sitaram Singh

3. Gudani Singh Son of Basant Singh All residents of Village - Kala Pahad, P.S. Tandwa, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 33(C) of the Indian Forest Act and Section 2 of Forest Protection Act. Learned counsel for the petitioners submits that the case has been lodged after a lapse of almost two years as the date of occurrence is said to be 01.08.2010 whereas the case has been registered in the year 2012. Furthermore, there has been no recovery from these petitioners. The loaded tractor has also not been seized by the informant.

Considering the vague nature of allegations made and that the prosecution has not been made able to make out a coherent

Patna High Court Cr.Misc. No.3804 of 2016 (2) dt.12-04-2016 P2/2 case, let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Judicial Magistrate, 1st Class, Aurangabad in connection with Forest Case No. 34/2012, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T