IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36600 of 2009 UMASHANKAR RAI, Son of late Ramlakhan Singh, resident of village – Hinduni, P.S. Phulwarisharif, District – Patna, at present working as Forester, Rajauli Forest Bit, Rajauli Forest Range, P.S. Rajauli, District – Nawada. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. With Cr.Misc. No.36649 of 2009 1. SHASHI BHUSHAN JHA, Son of late Shubhkant Jha, resident of village – Bishanupur, P.S. Begusarai Town, District – Begusarai, at present working as Forest Range Officer, Rajauli Forest Range, P.S. Rajauli, District – Nawada. 2. HARI YADAV, Son of Jalo Yadav, resident of village – Kunaharua, P.S. Rajauli, District – Nawada, at present working as Cattle Guard, Rajauli Forest Range, Rajauli, District – Nawada. … Petitioners. Versus THE STATE OF BIHAR … Opp. Party. With Cr.Misc. No.37426 of 2009 RAMSWARUP YADAV, Son of Prayag Yadav, resident of village – Dhamani, Tola Chatropar, P.S. Rajauli, District – Nawada. …. Petitioner. Versus THE STATE OF BIHAR … Opp. Party. ----------- 02/ 07.12.2009 Heard counsel for the petitioners and counsel appearing for the State. Petitioner in Cr. Misc. No. 36600 of 2009 is a Forester, petitioners in Cr. Misc. No. 36649 of 2009 are Forest Range Officer and Cattle Guard respectively and petitioner in Cr. Misc. No. 37426 of 2009 is brother of co-accused Rajendra Yadav, who is President of Village Forest Protection Committee. Counsel for the petitioners submits that Rajauli P.S. Case No. 37 of 2009 was instituted on the basis of - 2 - Complaint Case No. 814 of 2008 filed by one Chandawa Devi Wife of Prayaga Ravidas. The dispute relates to plot nos. 2 and 4 measuring 13 acres and 42 decimals. This lands belongs to the forest department, but illegally a Dan Patra was issued by Bhudan Yagya Samiti in favour of some villagers. In the year 1993 itself an order passed by the D.C.L.R., Nawada in this respect. Several attempts were made for eviction of the land. Finally when the illegal occupants were removed from this land a case has been instituted making false allegations. It is also stated that considering the facts and circumstances of the case, no offence under Section 3(X) SC/ST Act or any offence under the Penal Code is made out. Considering these facts, prayer for grant of anticipatory bail on behalf of petitioners, namely, Umashankar Rai, Shashi Bhushan Jha, Hari Yadav and Ramswarup Yadav is allowed. They are directed to be released on anticipatory bail, in case of their appearance before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each - 3 - in connection with Rajauli P.S. Case No. 37 of 2009 to the satisfaction of Chief Judicial Magistrate, Nawada. DKS/ (Mridula Mishra, J.)