Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63357 of 2023 Arising Out of PS. Case No.-278 Year-2012 Thana- FOREST (GOVERNMENT OFFICIAL) District- Jamui ====================================================== 1.

BHOLA YADAV SON OF LATE CHETHARU YADAV VILLAGEBAGHMARA, PS- CHANDRAMANDIH, DIST- JAMUI 2.

ISARLAL YADAV @ ISHWAR LAL YADAV SON OF LATE CHETHARU YADAV VILLAGEBAGHMARA, PSCHANDRAMANDIH, DIST- JAMUI 3.

BADRI TANTI SON OF MOHIT TANTI VILLAGE- BAGHMARA, PSCHANDRAMANDIH, DIST- JAMUI 4.

KALESHWAR TANTI SON OF NANKU TANTI VILLAGEBAGHMARA, PS- CHANDRAMANDIH, DIST- JAMUI 5.

LAKHAN YADAV @ RAM LAKHAN YADAV SON OF SUKHDEO YADAV VILLAGE- BAGHMARA, PS- CHANDRAMANDIH, DISTJAMUI 6.

NANKESHWAR DAS @ NANKESHWAR YADAV SON OF LATE DUKHI DAS VILLAGE- BAGHMARA, PS- CHANDRAMANDIH, DISTJAMUI 7.

DHANI DAS @ DHANESHWAR DAS SON OF LATE DUKHI DAS VILLAGE- BAGHMARA, PS- CHANDRAMANDIH, DIST- JAMUI 8.

AKALU DAS SON OF LATE DUKHI DAS VILLAGE- BAGHMARA, PS- CHANDRAMANDIH, DIST- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-10-2023

1. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Case No. 278C2 of 2012 registered under Sections 26 and 63(c) of the Indian Forest Act.

Patna High Court CR. MISC. No.63357 of 2023(2) dt.16-10-2023 2/2

3. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further he submits that from perusal of the photocopies of the land receipts, as contained in Annexure-P2 series of the bail application, it is apparent that the land belongs to the petitioners and malguzari is being paid by the petitioners. They have neither uprooted any trees of forest nor harvested any land. Further he submits that petitioners have no criminal antecedent.

4. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-I, Jamui in connection with Case No. 278C2 of 2012, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T