Bacha Sah @ Satya Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70792 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Bacha Sah @ Satya Prakash Kumar, aged about 36 years, male, Son of Kamal Sah, Resident of Village- Nanaura, P.S.- Ghorasahan, District- East Champaran.

2.

Virendra Thakur, aged about 38 years, male, Son of Damodar Thakur, Resident of Village- Gurmiya, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Rajeev Nayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioners seek bail in anticipation of their arrest in connection with Ghorasahan P.S. Case No. 267 of 2019, dated 09.07.2019, instituted for the offences under Section 33, 41 and 42 of the Indian Forest Act and Sections 1, 3, 5, 8, 9, 11, 13 and 14 of the Bihar Saw Mills Act, 1990.

The petitioners are said to have prevented the forest raiding party in performing their work. They were also found to be violating the provisions of Bihar Saw Mills Regulation and various provisions of Indian Forest Act. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.70792 of 2019(2) dt.11-12-2019 2/2 that the petitioners do not run any saw mill and the Act, the violation of which has been attributed to the petitioners, is not applicable to them. Only because of the petitioners not having acceded to the illegal demand of the raiding team that they have been made accused in this case. It has been reiterated that the petitioners are petty carpenters and persons of clean antecedents.

Considering the aforesaid facts, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran (Motihari) in connection with Ghorasahan P.S. Case No. 267 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T