Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84717 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

Manoj Sah, Son of Bharat Sah R/O Village- Chhoti Gadiyani, P.S.- Shrinagar Pujahan, District- West Champaran 2.

Md. Abdul @ Md. Abul, Son of Tufani Gaddi R/O Village- Chhoti Gadiyani, P.S.- Shrinagar Pujahan, District- West Champaran 3.

Aaj Mohammad Gaddi Son of Wakil Gaddi R/O Village- Chhoti Gadiyani, P.S.- Shrinagar Pujahan, District- West Champaran 4.

Imam Hussain Son of Rojdin Gaddi R/O Village- Chhoti Gadiyani, P.S.- Shrinagar Pujahan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Forest Case No. 84 of 2023 for the offences registered under Sections 2, 27, 29, 31, 51 of the Wildlife Protection Act, 1972 (amended in year 2006) and Sections 33, 41, 42 of the Indian Forest (Bihar amendment) Act, 1927.

3. As per the prosecution case, on getting secret information about cutting of forest wood by some unknown miscreants, informant along with other forest personnel went there and found some persons were carrying Gulli (Wooden

Patna High Court CR. MISC. No.84717 of 2023(2) dt.22-01-2024 2/2 log). The informant caught four persons while other managed to flee away. The apprehended persons disclosed their name as petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent. They are nearby villagers. They have falsely been implicated in this case on the basis of suspicion. There is no material on record to show that these petitioners have cut the forest and made it in pieces. Petitioners have no criminal antecedents. They are in custody since 12.09.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Forest Case No. 84 of 2023.

(Sunil Dutta Mishra, J) rakhi/- U T