Moti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22502 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Moti Devi wife of Gopal Mahto
2. Hina Devi wife of Niraj Mahto
3. Premshila Devi wife of Sri Rakesh Mahto
4. Chandralekha Devi @ Chandrakala Devi wife of Dhanbir Chaurasiya
5. Shanti Devi wife of Keshwar Lal Mahto
6. Rita Devi wife of Indal Mahto
7. Kusum Devi wife of Rambir Chaurasiya
8. Nagendra Sah S/o Bhola Sah
9. Apdesh Sah @ Updesh Sah S/o Late Bishwanath Prasad
10. Devi Mahto S/o Late Jai Ram Mahto
11. Pramod Yadav S/o Late Bhoj Yadav
12. Lalan Kazi S/o Puranvashi Kazi
13. Ranjeet Mahto Son of Late Bhola Mahto
14. Paresh Kazi @ Paras Kazi S/o Late Swaminath Kazi All residents of village - Tharutola Bherihari, P.S. Valmikinagar, 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. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Valmikinagar P.S.Case no.11 of 2018 , registered for offences punishable under Sections 143, 341, 323, 353, 504 and 427 of the Indian Penal Code.
Allegation against the petitioners as per FIR is that 100-150 persons were cutting the trees in the forest and when the forest
Patna High Court Cr.Misc. No.22502 of 2018 (3) dt.21-06-2018 2/3 officials went there, seized articles and preparing seizure list, the forest officials were attacked causing injury. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and there is general and omnibus allegation against 100-150 persons.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri S. Patel, J.M. Ist class, Bagaha District West Chamapran in connection with Valmikinagar P.S.Case no.11 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.
Patna High Court Cr.Misc. No.22502 of 2018 (3) dt.21-06-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T