Dhurendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50413 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MANPUR District- WEST CHAMPARAN(BETTIAH) ====================================================== Dhurendra Mahto, son of Banarsi Mahto, Resident of village- Chakarsan, P.S. Manpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nesar Ahmad, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Manpur P.S. Case No.07 of 2015 for allegedly having committed the offence under Sections 379, 420, 353/34 of the Indian Penal Code and Sections 33, 41, 42 of the Indian Forest Act and Rules 4(1), 40(10) of the Bihar Minor Mineral Concession Rules, 1972.

Learned counsel for the petitioner submits that an allegation has been made by the Forester of Manpur Forest that the petitioner and others had been found indulging in the excavation of sand and transporting the same from protected area, which was under the direction and surveillance of the Apex Court. It is further submitted that the present case has

Patna High Court Cr.Misc. No.50413 of 2015 (2) dt.04-12-2015 2/2 been initiated only as there was some disputes between the Forester and this petitioner. He further submits that one person, who is similarly situated and his name has also figured in the F.I.R. along with this petitioner, has been extended the benefit of anticipatory bail in Cr.Misc. No.45128 of 2015, vide order dated 15.10.2015.

Considering the aforementioned facts and circumstances and that the petitioner is similarly situated, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Manpur P.S. Case No.07 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T