Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53390 of 2019 Arising Out of PS. Case No.-158 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

Manoj Sah S/o Sugriv Sah Resident of Village- Bhagalpur Sohariya, P.S.- Valmikinagar, District- West Champaran.

2.

Jaysindhu Prasad @ Sindhuy Prasad @ Sindhu Mahto S/o Reshamlal Mahto Resident of Village- Champapur, P.S.- Valmikinagar, District- West Champaran.

3.

Dukhi Prasad @ Dukhi Mahto S/o Chhannu Mahto Resident of VillageChampapur, P.S.- Valmikinagar, District- West Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bimlesh Kumar Pandey For the Opposite Parties :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with I.F. Case No. 158 of 2017 registered under Sections 2, 35, 27, 29, 31 and 51 of the Wildlife Protection Act. It is submitted that none has seen the petitioners cutting the tree. The story propounded in the complaint that one log of Sal tree was being carried on a thela by eight persons is highly unbelievable. The petitioners have got clean antecedent and having got roots in the society they are not likely to abscond or tamper with the evidence.

Patna High Court CR. MISC. No.53390 of 2019(3) dt.16-11-2019 2/2 On the other hand, learned counsel appearing for the State submitted that there is allegation in the prosecution report of cutting a Sal tree and taking away log of the tree on thela by eight persons out of which three petitioners were identified. Considering the nature of allegation and the submissions made at the bar, in the event of arrest or surrender before the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Bagaha, West Champaran in connection with I.F. Case No. 158 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T