Md. Saukat Alam @ Shaukat Alam vs The State Of Bihar
2021 Latest Caselaw 872 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31727 of 2020
        Arising Out of PS Case No.-1 Year-2020 Thana- TERHAGACHH District- Kishanganj
     ======================================================

1. Md. Saukat Alam @ Shaukat Alam, aged about 42 years, Male.

2. Shafique Ahmad @ Mohammad Shafee Ahmad, aged about 40 years, Male.

Both Sons of Zahiruddin, Resident of Village- Dhapar Tola Ward No.01, PS- Terhagachh, District- Kishanganj.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the State : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ram Prawesh Kumar, learned counsel for

the petitioners and Mr. Yogendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Terhagachh PS Case No. 01 of 2020 dated 07.01.2020, instituted

under Sections 379/34 of the Indian Penal Code.

4. The allegation against the petitioners is that the

informant, who is a Revenue Clerk in his written report to the

police has stated that the petitioners had cut two mango trees from Patna High Court CR. MISC. No.31727 of 2020 dt.12-02-2021

Government land and had taken away its branches leaving the

rooted trunk portion and further that they had extended the

premises of their house by encroaching on Government land.

5. Learned counsel for the petitioners submitted that

they are not responsible for any cutting of trees as nothing has

been seized from their possession and further if at all, they have

encroached Government land, the proceeding has to be instituted

under the Land Encroachment Act and not a criminal case. It was

submitted that the petitioners are brothers and do not have any

other criminal antecedent.

6. Learned APP submitted that the petitioners are

accused of cutting mango trees from Government land and

encroaching Government land.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Kishanganj in Terhagachh PS

Case No. 01 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and Patna High Court CR. MISC. No.31727 of 2020 dt.12-02-2021

further, (i) that one of the bailors shall be a close relative of the

petitioners, and (ii) that the petitioners and the bailors shall

execute bond with regard to good behaviour of the petitioners and

they shall co-operate with the police/prosecution and the Court.

Any violation of the terms and conditions of the bonds or failure

to co-operate shall lead to cancellation of their bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T