Upendra Giri v. The State Of Bihar

Patna High Court Cr.Misc. No.32744 of 2018 (2) dt.28-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32744 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Upendra Giri S/o Late Jagranath Giri, R/o Vill.- Valmiki Nagar Road, Rampur, P.S.- Laukaria, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with I.F. Case No.147 of 2017, registered for the offences punishable under Sections 2, 17, 27, 31 and 51 of Wild Life Protection Act.

Allegation as per the F.I.R. is that the Forest Officer Received Information that some accused persons had cut Sagwan tree from Madan Forest Compart No.3. On that information the police officials seized one piece of Sagwan log. But the accused persons fled away from the place of occurrence. Submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R. but his name transpired during course of investigation. He has been made accused only on the

Patna High Court Cr.Misc. No.32744 of 2018 (2) dt.28-06-2018 basis of of suspicion. He has got no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran, in I.F.Case No.147/17 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U