Baliram Sah @ Baliram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60745 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Baliram Sah @ Baliram Kumar Son of Raghunath Prasad @ Raghunath Sah Village- Bastha, P.S.- Mainatand, Dist.- West Champran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Raj For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 41 and 42 of the Indian Forest (Bihar Amendment) Act, 1927 and Sections 5, 8, 9, 10, 12, 13 and 14 of the Bihar Saw Mills (Regulation) Act, 1990.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 20.09.2023, he received a secret information that petitioner is running an illegal sawmill at village Bastha. Accordingly, the informant and his superiors reached the place of occurrence and saw the illegal Sawmill in a
Patna High Court CR. MISC. No.60745 of 2024(2) dt.03-10-2024 2/3 running condition and the workers along with the owner managed to flee.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next asserted and submitted that petitioner has no concern with the Sawmill, which was seized. It is also submitted that from perusal of the seizure-list, it would manifest that no seizure of forest wood or forest product was made. It is also submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner,, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, West Champaran at Bettiah in connection with Forest Case No.88 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.60745 of 2024(2) dt.03-10-2024 3/3
7. The application stands allowed.
8. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) vikash/- U T