Kapildeo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48778 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kapildeo Chaudhary Son of Late Jagannath Chaudhary Resident of Village - Goiti, P.S. Pathkauli, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2018 The petitioner is apprehending his arrest in connection with I.F. Case No. 64 of 2018, registered for offences punishable under Sections 33, 41, 42 of the Indian Forest Act (Bihar Amendment 1989).

Allegation as per F.I.R. is that the forest Range Officer on information that two Sisa Trees are being axed he went to the place of occurrence, and found one tractor standing beside the house of petitioner loaded with logs of Sisam Tree, thereafter, the petitioner has bee made accused in this case. Submission of learned counsel for the petitioner is that the said tractor does not belong to the petitioner and there is also nothing available on record to show that the loaded logs of Sisam tree belonged to the petitioner and he has falsely been made accused in this case only on the basis of suspicion. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48778 of 2018 (2) dt.25-08-2018 2/2 Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st A.C.J.M., Bagaha, West Champaran in connection with I.F. Case No. 64 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T