Surendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69178 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Surendra Sah Son of Late Jagranath Sah Resident of Village - Laiya Tola, Ward No.- 45, P.S. - Muffassil Bettiah, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Archana Jha For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Forest Case no. 14F of 2023 instituted for the offence under Sections 41 and 42 of Indian Forest (I.F.) Act and Sections 5, 8, 9, 10, 12, 13 and 14 of the Wild Life Protection Act.
3. According to the case of prosecution, Forest Officer received a secret information that some persons have established and operated an illegal Saw Mill. On the basis of that information, raiding team arrived at the place of occurrence and seized saw machine from a shop. Thereafter, this case has
Patna High Court CR. MISC. No.69178 of 2024(2) dt.18-10-2024 2/3 been registered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner was named in this case without any basis rather it was only a secret information. It is further submitted that at the time of preparation of seizure, the petitioner was not present there and from perusal of the seizure list, it is clear that copy of the same has not been provided to him. It is not clear from the complaint petition as to how the name of the petitioner was implicated in this case. It is also submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from his possession. His name has been implicated in this case due to village politics. Moreover, he is a labourer.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Forest Case no. 14F of 2023, he will be
Patna High Court CR. MISC. No.69178 of 2024(2) dt.18-10-2024 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Ninth, West Champaran, Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T