Ajimul @ Ajizul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5227 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- RAUTARA District- Katihar ====================================================== 1.
Ajimul @ Ajizul Son of Johak Ali Resident of Village- Maheshwa, PSRautara District- Katihar 2.
Saddam @ Md. Saddam Son of Md. Kamrul @ Md. Kamrul Hoda Resident of Village- Maheshwa, PS- Rautara District- Katihar 3.
Md. Noor Alam Son of Abdul Barik Resident of Village- Maheshwa, PSRautara District- Katihar 4.
Julafkar Ali @ Julfukar Ali @ Julfakar Ali Son of Shamshul Resident of Village- Maheshwa, PS- Rautara District- Katihar 5.
Md. Salam Son of Abdul Jalal Resident of Village- Sobhaganj, PS- Maranga District- Purnea 6.
Matiur Rahman @ Matibur Son of Md. Samshul Haque Resident of VillageSobhaganj, PS- Maranga District- Purnea 7.
Md. Sirajuddin @ Md. Serajuddin Son of Mustafa Resident of VillageSobhaganj, PS- Maranga District- Purnea ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Satendra Kumar Jha Son of Indra Mohan Jha Forest Area Officer, Katihar. R/O Vill.- Koilwar, P.S.- Rajnagar, Dist.- Madhubani ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Bimal Kumar For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the parties.
2. This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 30.09.2024, in connection with Rautara P.S.Case No. 124 of
Patna High Court CR. APP (SJ) No.5227 of 2024(3) dt.19-03-2025 2/3 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 332, 333, 353, 307, 354(B), 504, 427, 386 and 285 of the Penal Code, Section 3⁄4 of Deforming Act, Section 3(i)(r)(s)/3 (2) (va) of the SC/ST Act, Section 8 of Bihar Saw Mill (Regulation) Act, 1990 (Rules 1993), and Sections 41, l33, 42 and 52 of the Indian Forest Act, 1927 (Bihar Amendment Act), whereby the prayer for anticipatory bail of the appellants has been rejected.
3. As per the allegation, the appellants along with other accused persons were running illegal saw mill. On being raided, they could not produce any valid documents.
4. The learned counsel for the appellants has submitted that the appellants are innocent and have falsely been implicated. Exactly on similar footing, co-accused Saud Alam @ Sauad Alam have been granted bail by this Court in Criminal Appeal (SJ) No. 4909 of 2024.
5. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 30.09.2024, is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond
Patna High Court CR. APP (SJ) No.5227 of 2024(3) dt.19-03-2025 3/3 of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1-cum-Special Judge, SC/ST Act, Katihar in connection with Rautara P.S.Case No. 124 of 2023.
(Nawneet Kumar Pandey, J) HR/- U T