Pannalal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57097 of 2018 Arising Out of PS.Case No. -48 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pannalal Sharma, S/o Motilal Sharma, Resident of Village- Sonkhar, P.S.- Ram Nagar, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioners apprehend his arrest in connection with Trial no. 3668 of 2018 arising out of I.F. Case No. 48 of 2017 registered for the offences punishable under sections 33,41 and 42 of the Indian Forest Act and Sections 2, 17, 27, 29, 31, 32, 50 and 51 of the Wildlife Protection Act.

One piece of log of saal tree was recovered from the forest and the official claims that the persons, who were involved in cutting saal tree fled away from there seeing the forest official. Subsequently, the forest officer learnt the name of those persons who were involved in cutting the forest and, accordingly, the

Patna High Court Cr.Misc. No.57097 of 2018 (2) dt.20-09-2018 2/2 petitioner has been made accused in this case. Admittedly, neither petitioner was caught on the spot nor any article was recovered from his conscious possession. Submission on behalf of the petitioner is that he was implicated in this case due to local politics and, as a matter of fact, forest official called him and when they inquired the matter, he expressed his inability to disclose the name of those persons, who were cutting the saal tree, the forest officials implicated the petitioner in this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his 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) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Trial no. 3668 of 2018 arising out of I.F.Case No. 48 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T