Sabir Alam @ Sadir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15575 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== SABIR ALAM @ SADIR ALAM Son of Manjoor Miyan Resident of VillageBalua Goithahi, P.S.- Matiyariya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 33,41,42 of the Indian Forest Act and under sections 2,27,29,31 of the Wildlife Animal Protection Act.

As per the prosecution case, on the information that miscreants have cut forest trees, forest officials reached the place and apprehended the petitioner with 2 pieces of sal log and 3 pieces of Aasam log, while other accused persons managed to flee away from the spot, while eight bicycles with some forest wood were recovered from the spot. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15575 of 2021(2) dt.02-07-2021 2/3 petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 9.9.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that Petitioner is in custody since for about ten months and he has got clean antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah West Champaran in Forest case no. 33F of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.15575 of 2021(2) dt.02-07-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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