IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17613 of 2010 1.PRABHASH CHANDRA JHA @ NIMI JHA 2.Mohan Sah 3.Ram Babu Kasera 4.Seikh Md. Kalim,all are resident of village Kanhauli, P.S. Jhanjharpur, Dist. Madhubani….Petitioners. Versus STATE OF BIHAR O.P. ----------- 3 7.7.2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered for offences under sections 33, 41, 42 and 52 of the Indian Forest Act. It is submitted that even according to the prosecution report vide Annexure-1, the informant is not an eye witness of the alleged occurrence of cutting certain Sisam Trees. There is general and omnibus allegation that villagers are responsible for cutting the aforesaid Sisam Trees by the side of National High Way 57. On the basis of suspicion name of certain persons including the petitioners have been included in the prosecution report and they have been arrayed in the category of accused. It is further submitted that the logs of Sisam wood in question have not been recovered either from the house or from the possession of the petitioners. Entire prosecution allegation against the petitioners appears to be based on suspicion and surmises. In that back ground, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Shri D.K. Bhaskar, J.M., Jhanjharpur, Dist. Madhubani in connection - 2 - with G.O. No. 56 of 02 , T.R.No. 776/2010, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman