Khalil Mian @ Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87496 of 2019 Arising Out of PS. Case No.-450 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Khalil Mian @ Md. Khalil, Son of Lal Mohamad Miya Resident of VillageChailaha (Kuriya Tola), P.S.-Banjariya, District-East Champaran, Motihari. 2.

Aziz Mian Son of Lal Mohamad Miya Resident of Village-Chailaha (Kuriya Tola), P.S-Banjariya, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Mokhtar Yadav, Son of Bhoj Yadav Resident of Village- Bahuari, P.O.- Bagahi, P.S.- Sagauli, Distt- East Champaran. 2.

Lal Babu Yadav @ Lal Babu Prasad Yadav S/o Bhoj Yadav Resident of Village- Bahuari, P.O.- Bagahi, P.S.- Sugauli, Distt- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 87496 of 2019) For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP (In CRIMINAL MISCELLANEOUS No. 53 of 2020) For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-06-2020 Heard Mr. Rajesh Kumar and Mr. Madhurendra Kumar, learned counsel for the petitioners and Ms. Rina Sinha, learned APP for the State.

Patna High Court CR. MISC. No.87496 of 2019(4) dt.26-06-2020 2/3 The petitioners seek bail in anticipation of their arrest in connection with Turkauliya (Banjaria) P.S. Case No. 450 of 2019 dated 06.07.2019 instituted for the offences under Sections 341, 353, 504 and 34 of the Indian Penal Code, under Sections 33, 41 and 42 of the Indian Forest Act and under Sections 1, 3, 5, 8, 9, 11, 13 and 14 of the Bihar Saw Mill (Regulation Act). The allegation against the petitioners is of running saw mill unauthorizedly.

The petitioners have contended that they are small time carpenters and are not running any saw mill. They have been made scape-goats by the Forest Department to turn the gaze of the investigation from bigger players in the field. One of the petitioners used to run a saw mill but the same stands closed for a long time.

Considering the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with

Patna High Court CR. MISC. No.87496 of 2019(4) dt.26-06-2020 3/3 Turkauliya (Banjaria) P.S. Case No. 450 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T