Ram Nawal Yadav @ Ram Nawal Singh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43325 of 2017 Arising Out of PS. Case No.-32 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Bhabhua (Kaimur) ====================================================== 1.

Ram Nawal Yadav @ Ram Nawal Singh Yadav, Son of Rajendra Singh Yadav, R/o Village- Pirashi (Musa Khan) P.S.- Chakiya, District- Chandauli (U.P.).

2.

Pritam Yadav Son of Ram Surat Yadav, R/o Village- Tala, P.S.- Chainpur, District- Chandauli (U.P.) 3.

Ajit Yadav Son of Late Ramadhin Yadav, R/o Village- Ramgarh, P.S.- Chaninpur, District- Ramgarh.

4.

Rajnish @ Ranjish Yadav Son of Radheshyam Singh Yadav, R/o Village- Ramgarh, P.S.- Chainpur, District- Kaimur at Bhabua. 5.

Ram Vilash Yadav @ Vilash Yadav Son of Nanhku Yadav, R/o Village- Tala, P.S.- Chakiya, District- Chandauli (U.P.) 6.

Mansoor Son of Salim, R/o Village- Naudiha, Sakarhat, P.S.- Pannuganj, District- Sonbhadra (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. SRI CHANDRA BHUSHAN PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Forest Case No. 32 of 2017, disclosing offences under Sections 33,41 of the Indian Forest Act 1927(Bihar Amendment 1989) and Sections 27,29,52 of the Forest Animal (Protection) Act, 1072. It is alleged that the miscreants were illegally and surreptitiously transporting kendu leaves in a pick up van, which was being escorted by petitioner No.3 and petitioner

Patna High Court Cr.Misc. No.43325 of 2017(2) dt.22-09-2017 2/3 No.4. When the officials of the Forest Department tried to intercept, all persons managed to flee away. The Forest officials recovered 38 bags of Kendu leaves from a pick-up van. The accused persons have been named on the basis that Forest officials have identified them.

Learned counsel for the petitioners has submitted that the pick-up van does not belong to either of these petitioners. He has also submitted that the Forest officials maliciously implicated the name of these petitioners. It has been stated in paragraph 3 of the application that the petitioners have no criminal antecedent.

Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Forest Case No. 32 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall

Patna High Court Cr.Misc. No.43325 of 2017(2) dt.22-09-2017 3/3 present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U