Baliram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64110 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.
Baliram Yadav Son Of Lakhan Yadav Resident Of Village- Kewla, PsMohanpur, Dist- Gaya. 2.
Sanjay Yadav Son Of Lakhan Yadav Resident Of Village- Kewla, PsMohanpur, Dist- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023 Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Barachatti (Mohanpur) P.S. Case No. 347/2022, registered under sections 308, 147, 148, 149, 341, 323, 353, 504, 506 & 379 of the Indian Penal Code and section 27 and 35 of the Wild Life Act, 1972.
3. As per the prosecution case, it is stated by the informant that on receiving information about the illegal cutting of forest trees, a raid was conducted. Although the accused persons managed to escaped from there, the raiding party took possession of the tractor along with the illegally cut forest trees which were loaded on the same. The informant further states that while the raiding party was returning 40-45 accused persons variously armed and also two petitioners herein attacked
Patna High Court CR. MISC. No.64110 of 2023(2) dt.11-10-2023 2/2 the raiding team and forcibly took away the tractor.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. No such occurrence has taken place. The petitioners have neither any concern with the tractor which was allegedly seized nor they have any role in the occurrence. They are in custody since 29.6.2023 and charge-sheet has been submitted in this case.
5. The prayer of the bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioners being in custody since 29.6.2023, both the petitioners are directed to be enlarged on bail in connection with Barachatti (Mohanpur) P.S. Case No. 347/2022, on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Sherghati, (Gaya).
(Partha Sarthy, J) Ranjeet/- U T