Md. Kamarul Hoda And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33989 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Kamarul Hoda, Son of Md. Nasarullah Niyan, resident of VillageG- Type Colony.

2. Raja Sahani, Son of Nand Kishor Sahani, Resident of Village- G. Type Colony, Both P.S. Balmiki Nagar, District- West Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Partys ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2018 Heard both sides.

The petitioners apprehend their arrest in I.F. Case No. 20/2018 under Section 27, 29, 31 and 51 of the W.L.P. Act. The Forester, Abhishek Kumar alleged that he reached after hearing the sound of cutting trees and saw four person fleeing away from the place of occurrence. In the light of cell he identified both the petitioners. Some log of Shisham trees were found near the place of occurrence.

Learned counsel for the petitioners submits that petitioners are falsely implicated in the case. Petitioners never entered into reserved forest area. The seizure list was made

Patna High Court Cr.Misc. No.33989 of 2018 (2) dt.28-06-2018 2/2 without taking signature of any witness.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with I.F. Case No. 20/2018 subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T