Nand Kishor Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43968 of 2015 Arising Out of PS.Case No. -142 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Nand Kishor Paswan, son of late Boudh Govadat.

2. Fulwa Devi wife of Nand Kishor Paswan, Both are resident of VillageKandi, P.S. Chandauti, district- Gaya

3. Raju Paswan, son of Late Laldeo Paswan resident of Village- Zori, P.S Banke Bazar, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar No.- 4 For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-10-2015 Heard the Counsel for the petitioners and the APP for the State.

The petitioners apprehend their arrest in connection with Forest P.S. Case No. 142 of 2014 registered under Section 33 of the Forest Act. On the basis of the report submitted by the Forest Guard, the F.I.R. was lodged alleging that the petitioners not only uprooted the green plants planted by the Forest Department but also damaged by grazing the same with 10-12 cattles. It has been submitted that there is dispute with regard to ownership of the plot whether it belongs to the Forest Department or the private individuals. Other accused persons similarly named in the First Information Report have since been privileged with anticipatory bail vide order dated 17.8.2015 passed in Cr. Misc.

Patna High Court Cr.Misc. No.43968 of 2015 (2) dt.13-10-2015 2/2 No. 34696 of 2015, a web copy whereof has been handed in which is taken on record marked "X".

In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Sinha, Judicial Magistrate, 1st Class, Gaya in Forest Case No. 142 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T