Kariman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58586 of 2022 Arising Out of PS. Case No.-4 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.
KARIMAN YADAV Son of Bachcha Yadav R/V- Parariya, P.S- Manpur, Dist- West Champaran 2.
Kanhai Yadav @ Kanhaiya yadav Son of Sri Jagdev Yadav R/V- Parariya, P.S- Manpur, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Forest Case No. 04-F of 2016 giving rise to Trial No. 842 of 2021 registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act and Sections 2, 27 and 29 of the Wild Life (Protection) Act. As per the prosecution case, on a secret information, some miscreants entered Sector S/70. The police reached
Patna High Court CR. MISC. No.58586 of 2022(4) dt.07-02-2023 2/3 the place of occurrence and on seeing the police, the miscreants managed to flee away from there but in course of fleeing away they were identified by the police. It is further alleged that two sal tree were found cut off at the place of occurrence. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. In fact, no such occurrence, as alleged, has ever taken place. The petitioners were not present at the place of occurrence. Noting has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. Learned counsel further submits that no case is made out against the petitioners. The petitioners have one more criminal case which relates to Indian Forest Act as stated in para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bettiah, West
Patna High Court CR. MISC. No.58586 of 2022(4) dt.07-02-2023 3/3 Champaran in connection with Forest Case No. 04-F of 2016 giving rise to Trial No. 842 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. The application stands allowed.
(Chandra Prakash Singh, J) shakir/- U T