IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47853 of 2008 1. GAYA BIN 2. Mishri Lal Chauhan Versus STATE OF BIHAR ----------- 2. 4.12.2008 Heard Mr. Arbind Kumar Sharma, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned A.P.P. The forest guard was informed about cutting of some trees in the Kotiah Forest Range. The trees were of Khair. When they reached about the scene of occurrence, the culprits were found leaving the scene with some cutting logs of trees. Most of them could not be captured but two petitioners were caught on chase. The forest guard also recovered some logs of fire wood, as per their description in the seizure memo. The contention is that there is no recovery of any part of the forest products from the petitioners and they are in custody for more than five months for offence which could be punishable for imprisonment maximum of six months. Regard being had to the facts and the period of detention, let petitioner named above be be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bagaha, in connection with I. F. case no.28 of 2008. It is made clear that if at all the petitioners or any of them are found indulging in the same offence or any report is made to the court, the court below shall assume that this Court had not passed the present order and take steps for committing the accused to - 2 - custody. sudip ( Dharnidhar Jha,J )