Aftab Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68 of 2024 Arising Out of PS. Case No.-39 Year-2019 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Aftab Khan Son Of Sharif Khan Resident Of Village- Miyapur Tilangahi, PsBairiya, Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Divisional Forest Officer, Bettiah, West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendra Nath Verma, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Forest Case No. 39 of 2019 registered under Sections 33, 41, 42 of the Indian Forest Act (Bihar Amendment 1990) and under Sections 2, 27, 29, 31 and 51 of the Wildlife Protection Act, 1972 (Amendment 2006).
3. As per prosecution case, on the alleged date and time of occurrence, three persons were apprehended on spot carrying Khair Wood. Apprehended co-accused persons disclosed the name of this petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that during course of investigation no intangible
Patna High Court CR. MISC. No.68 of 2024(8) dt.03-10-2024 2/2 material has come against this petitioner. As a matter of fact, petitioner has falsely been implicated in this case by the then Divisional Forest Officer, Division-II, Bettiah due to his friend, namely, Prabhakar Mishra, who was in dispute with the forest department regarding the issuance of permit for transport of wood.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Forest Case No. 39 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T