Om Prakash And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49871 of 2014 Arising Out of PS.Case No. -137 Year- 2013 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Om Prakash

2. Anil Prasad @ Nilo Prasad Both sons of Late Murari Prasad Residents of village Rashalpur, P.S. Noorsarai, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 379 and 411 of the I.P.C and sections 41/42 of the Forest Act. The FIR has been registered against Mindar Paswan who was caught and produced along with Saw by Dafadar Dharambir before the informant and it is alleged that he had cut down Mango and Mahua tree and 18 pieces of Mango tree were given in the custody of Dafadar for safety and during investigation Mindar Paswan stated the name of the petitioners stating that they had sold the aforesaid tree to him.

Patna High Court Cr.Misc. No.49871 of 2014 (3) dt.09-04-2015 2/2 Submission is of false implication and that at the time of recoding the FIR no one has stated the name of the petitioners nor the co-accused Mindar Paswan has stated the name of the petitioners and later on the petitioners have been implicated falsely and as such they deserve sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Nalanda in Noorsarai P.S. Case No. 137 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T