High Court of Patna granted preventive bail to Amrawati Devi and Rajendra Ram under Section 438 CrPC in connection with a forest case involving alleged cutting of khair trees, subject to surrender within four weeks and furnishing of bond.
Granted bail; petitioners to surrender/arrest within four weeks, furnish bond of Rs.10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27973 of 2020
Arising Out of PS. Case No.-152 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran
======================================================
... Petitioners
Versus The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Arvind Kumar, Adv. For the Opposite Party : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 08-02-2021
As prayed for, let the learned counsel for the petitioners remove the defect(s), as point out by the office vide it’s note, dated 17.10.2020, within four weeks of starting of the Court in physical mode.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Tr. No. 2009 of 2019, Forest Case No. 152 of 2016, registered under Sections 2, 17, 27, 29, 30 and 50 of the Wild Life Protection Act, 1972.
The accusation is that on 27.12.2016 at about 11.00 a.m., informant, being the Forest Officer, Kotaraha, received information to the effect that 15 ladies and 7 gents are cutting the green khair trees and are preparing bundles, the informant proceeded for Bakua and saw the bundles of green khair trees. On enquiry, the informant came to
Patna High Court CR. MISC. No.27973 of 2020(2) dt.08-02-2021 2/2
know the name of Rajendra ram (petitioner no. 2) and Amravati Devi (petitioner no. 1) indulged in cutting the khair green tree. The names of remaining persons, indulged in cutting the trees, are being traced out.
Submission is that it would appear from the first information report that both the petitioners were not seen on spot. Mere on suspicion, both the petitioners, who are husband and wife, who have no criminal antecedent, have falsely been implicated in this case.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Tr. No. 2009 of 2019, Forest Case No. 152 of 2016 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Bagaha, West Champaran, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
1 issue framed by the court
Whether petitioners are entitled to preventive bail under Section 438 CrPC pending investigation and conclusion of case.
2 provisions across 2 enactments
Amrawati Devi
Rajendra Ram
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
