Santosh Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24909 of 2018 Arising Out of PS. Case No.-177 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ======================================================

1. Santosh Sharma,

2. Kailash Sharma @ Arvind Sharma, Both are son of Manik Chandra Sharma @ Manik Sharma, Resident of Village- Bamber, P.S.- Haveli Kharagpur, Distt- Munger.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Kumar Kamal Nayan, Adv.

For the Opposite Party :

Mr. Sri Shailendra Kumar -, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-05-2018 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in Complaint Case No.177C of 2017 for the offences registered under Section 5, 7, 14 of the Saw Mill Act, 1990, Section 33, 41, 42 of Indian Forest Act, 1927 and Section 29, 32, of Wild Life Protection Act.

Informant in his complaint has stated that on 29.10.2017 at about 11:30 P.M. he was on patrolling duty and seized the wood block from the saw mill of the petitioner and on seeing the raiding party all the accused fled away. A tractor loaded with log wood was seized. During the raid one tractor

Patna High Court Cr.Misc. No.24909 of 2018(4) dt.22-05-2018 2/2 and a wood log of 60 cubic ft. was seized, however, there is no allegation that any machine used for running saw mill has been seized. During raid it has been submitted on behalf of the petitioner that tractor has been released in favour of its owner and the wood log has also been released in favour of its owner and no case against the petitioner under any of the provision of Forest Act is made out.

Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, in Complaint Case No.177C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) sudip/manoj U T