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Patna High CourtCR. MISC./61146/2025bail granted

Surendra Dhami @ Surender Mahto v. The State Of Bihar

2025-09-10Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61146 of 2025 Arising Out of PS. Case No.-94 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Surendra Dhami @ Surender Mahto S/O Shri Jalim Dhami @ Jalim Mahto R/O Vill.- Bhatuzala, P.S.- Sahodra, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alexander Ashok, Advocate Mr. Jawed Akhtar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Forest Case No. 94F of 2022 registered for the alleged offences under Sections 2, 33, 41, 42 of the Indian Forest Act and Sections 2, 27, 29, 31, 50 and 51 of Wild Life Protection Act.

3. As per prosecution case, the forest officials found instantly cut two trees in reserved forest and subsequently, they came to know about the petitioner, who had cut the tree, and kept the log in his house. A raid was conducted in his house and recovery of logs and wood were made from the house of the

Patna High Court CR. MISC. No.61146 of 2025(2) dt.10-09-2025 2/3 petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in this case on the basis of long criminal antecedent. Nothing incriminating has been recovery from the possession of the petitioner. The alleged recovery of wood from the house of the petitioner was purchased by the petitioner for making furniture for giving gift in marriage in the family. The petitioner is in custody since 19.03.2024.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah/concerned Court in connection with Forest Case No. 94F of 2022, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

Patna High Court CR. MISC. No.61146 of 2025(2) dt.10-09-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T