The Patna High Court granted bail to the petitioner, a labourer accused of assault on forest officials and involvement in a wood theft case, upon furnishing a bond ofRs. 10,000 and two sureties.
Released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36284 of 2016
Arising Out of PS.Case No. -30 Year- 2013 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== 1. SHAMSHER ALI @ MD.SHAMSHER ALI son of Late Rizwan resident of village Kari Chak Chapki P.S. Birpur District Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 23-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Sections-379, 411 & other minor sections of the Indian Penal Code and u/Ss 41, 42, 52 & 59 of the Indian Forest Act.
Some logs of wood were seized and kept on the place of occurrence. Some employees of the Forest Department were deputed to keep watch on the seized logs but allegedly, the petitioner and other accused went there and assaulted the aforesaid employees.
Submission on behalf of petitioner is that the petitioner happens to be labourer and he did not have any concern with the seized logs. It is further submitted that as a matter of fact,
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some quarrel took place between the owner of the seized logs as well as forest officials on the point of release of the seized logs and thereafter, the informant lodges this case with exaggerated story.
story.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Maheshkhunt P.S. Case No. 30 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Khagaria.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving assault on forest officials and theft of logs.
2 provisions across 2 enactments
Shamsher Ali @ Md. Shamsher Ali
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
