Mahendra Uraon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68083 of 2018 Arising Out of PS. Case No.-19 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ======================================================

1. Mahendra Uraon son of Chada Narayanpur Uraon,

2. Shesnath Uraon, son of Chhedi Uraon, Both Resident of VillageChampapur Don, Police Station- Gobarahiya Don, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 33, 41, 42 of the Indian Forest Act and Sections 2, 17, 27, 29, 31, 32, 50 and 51 of the Wild Life Protection Act.

The prosecution case is that the informant received an information that some persons have entered into the forest area and are cutting trees. It is alleged when the informant along with

Patna High Court Cr.Misc. No.68083 of 2018(2) dt.17-12-2018 2/3 others went in the forest the accused persons escaped from the scene taking advantage of the darkness and thereafter, cut wood were seized.

It is submitted by learned counsel for the petitioners that only on suspicion the accusation has been levelled against the petitioners and nothing has been recovered from the possession of the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the prosecution report.

Considering the nature of accusation and the fact that no recovery has been made from the petitioners, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bagaha, West Champaran. in connection with Trial No. 3673 of 2018, arising out of Forest Case No. 19

Patna High Court Cr.Misc. No.68083 of 2018(2) dt.17-12-2018 3/3 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T