Md. Mustaque @ Mustaque Ahmad Raza @ Mustaque Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2800 of 2020 Arising Out of PS. Case No.-15 Year-2009 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MD. MUSTAQUE @ MUSTAQUE AHMAD RAZA @ Mustaque Ahmad, Son of Manzar Hussain, Resident of Village - Taj Colony, Panchayati Akhara, P.S. - Kotwali, Gaya, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Narayan Jamuar, Advocate For the Opposite Party/s :

Mr. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-06-2020 The matter has been taken up through Video Conferencing.

Defects, if any, be removed within fifteen days of the start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act, 1927.

60 bags of charcoal was recovered. However, no one was there at the place of recovery.

Submission is that the place of recovery is not of the petitioner. Only on suspicion case has been lodged. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.2800 of 2020(3) dt.24-06-2020 2/2 Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Trial No. 267 of 2018 arising out of Forest Case No. 15 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T