IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8568 of 2009 1. GANESH MAHTON SON OF LATE TILO MAHTON 2. MAHENDRA MAHTON SON OF GANESH MAHTON 3. PARO MAHTON SON OF GANESH MAHTON 4. DINAL MAHTON SON OF GANESH MAHTON 5. BAUDHI MAHTON SON OF GANESH MAHTON. ALL ARE RESIDENT OF VILLAGE BISHODAH, P.S. CHANDRAMANDIH, DISTRICT JAMUI. Versus STATE OF BIHAR ----------- 2/ 10-06-2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a complaint case registered for the offence under sections 33 and 63 of the Indian Forest Act. It is said that they have encroached the forest land for cultivation. It is submitted on behalf of the petitioners that the subject matter of the present complaint was also the subject matter of Complaint Case No. 215 ( C ) of 2000 in which they were acquitted by the Subdivisional Judicial Magistrate, Jamui and the judgment is contained in Annexure-2. Let the petitioners, namely, Ganesh Mahton, Mahendra Mahton, Paro Mahto, Dinal Mahto and Baudhi Mahton, surrender in the court below within a period of four weeks from today and the court below verify the submission noted above and if it is found that the subject matter of the present complaint was also the subject - 2 - matter of Complaint Case No. 215 ( C ) of 2000, in which the petitioners were acquitted, then the petitioners be admitted to the privilege of bail on furnishing bail bond of Rs. 5, 000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui in connection with Case No. 406C2 of 2002. Until such verification is made, no coercive steps shall be taken against the petitioners. BTiwary/ ( V. N. Sinha, J )