IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41896 of 2011 Katari Yadav Versus The State Of Bihar ---------------------------------- 2. 13.12.2011 Heard counsel for the petitioner and counsel for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. 77-C2 of 2011 under Sections 33,41,.42 and 63 of the Indian Forest Act and Sections 2(15), 27,29 and 51 of the Forest Animal Conservation Act, which is pending before Shri Sarad Chandra Prasad, J.M. Ist Class, Jamui. According to the prosecution report on 26.10.2010 at about 11 A.M. about 11 to 15 labourers along with the present petitioner were crushing stones in the jurisdiction of Barhat Reserved Forest Area and seeing the Forest officials started fleeing away. The Forest officials seized only two sawals and seven hammers from the place of occurrence. The submission is that the allegation appears false as the allegation is that the fifteen to sixteen persons were engaged in crushing the stones whereas the Forest officials seized the aforesaid materials after fleeing away of the accused persons. In view of the aforesaid facts and the nature of allegation, let the petitioner Katari Yadav be directed to be 2 released, either in the event of his arrest by the police or surrender before the court below, on furnishing a bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the above noted court in the case indicated above, subject to the conditions as laid down in Section 438(2) Cr. P.C. with a further condition that the petitioner will co-operate in the trial and he will remain present in the court on all dates either physically or through his counsel. If the petitioner remains absent on two consecutive dates, the court below will have the liberty to cancel his bond and send him to custody. Kanth ( Shivaji Pandey, J.)