Tilak Kazi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1481 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

Tilak Kazi Son Of Dwarika Kazi R/V- Ghumvatand, P.O. Harnatand, P.S.- Naurangiya, District- West Champaran 2.

Narad Mushahar Son Of Late Ramvriksha Mushahar R/V- Sakhuanwa, P.O.- Ganauli, P.S.- Valmikinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Indian Forest Case No. 164 of 2021 registered for the offences punishable under Sections 52, 26(h) of the Indian Forest Act and section 27, 29,31 of Wild Life Protection Act. As per the FIR, the informant along with other forest guard was on patrolling duty, they saw three persons were digging the land forest by spade and Bakua and after seeing the forest guard , they manged to fled away from the place of occurrence.

Learned counsel for the petitioners submitted that

Patna High Court CR. MISC. No.1481 of 2023(2) dt.03-05-2023 2/2 petitioners have falsely been implicated in this case. Petitioners are not named in the FIR. No incriminating article has been recovered from possession of the petitioners. It is submitted that petitioners have clean antecedent as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Bagaha, West Champaran in Indian Forest Case No. 164 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) N.K/- U T