Allowed

Mahafooz Ansari and Anr. v. The State Of Bihar

Patna HC26 May 2014CR. MISC./14444/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to two petitioners apprehending arrest in a case under the Indian Forest Act for illegal transportation of wood logs. The court ordered surrender within six weeks subject to a bond of Rs. 10,000 each with two sureties.

What did the court decide?

Release on bail upon surrender within six weeks by furnishing a bond of Rs. 10,000 each with two sureties to the C.J.M., Bettiah, subject to Section 438(2) of CrPC.

Mahafooz Ansari and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14444 of 2014

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====================================================== 1. Mahafooz Ansari, S/o Khairuddin Ansari, R/o Village Dumara, P.SGaunaha, Distt- West Champaran 2. Duryodhan Das, S/O Late Lalji Das, R/o Diuliya Pipra, P.S- Shikarpur, Distt- W. Champaran. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Dhannjay Kumar No.2 For the State : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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3 26-05-2014 Heard learned counsel for the petitioners and the State.

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Petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 41 and 42 of the I.F. Act.

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As per the allegation set out in the first information report, petitioners’ tractor loaded with the logs of wood was intercepted by the police. Petitioners escaped and several logs of sisam trees were seized. As per the allegation that logs were illegally being transported. It is submitted on behalf of the petitioners that admittedly there is no allegation of cutting or severing any forest produce and transporting it rather these were purchased logs of wood for personal use after permission having

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Patna High Court Cr.Misc. No.14444 of 2014 (3) dt.26-05-2014

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been granted by the Up-Mukhiya of Gram Panchayat Raj Ruap walia. A copy of such permission granted by the aforesaid has been appended as Annexure 2.

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Learned counsel places reliance upon Rule 7 of the Bihar Kasth Tatha anya Van Utpadan (Abhivahan Viniyaman ) (Sansodhan) Niyamawali, 2002 under which Mukhiya of Gram Panchayat is empowered to grant such permission. However, learned counsel for the State submits that permission appears to be granted by the Up-Mukhiya and not by the Mukhiya and that is not on the prescribed format.

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Be that as it may, having regard to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Skikarpur P.S. Case No.441/2013, the petitioners Mahafooz Ansari and Duryodhan Das shall be released on bail on furnishing bail bond of Rs.10,000 ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah, W. Champaran subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure.

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Sanjay-II/-

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(Dr. Ravi Ranjan, J)

Mahafooz Ansari and Anr. v. The State Of Bihar

Case brief

What is this about?

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Mahafooz Ansari and Anr. v. The State Of Bihar

Case brief

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What the court decided

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