IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34621 of 2008 ---- 1. MD.ALI RAZA Son of Haji Nayeem Azad. Resident of Sonali , Railway Gumti, P.S. Kudwa, District- Katihar 2. Shivshankar Bhagat Son of Late Harinandan Bhagat, Mukhia, Bhogaon, G.P. P.S. Kadwa District- Katihar Versus STATE OF BIHAR ----------- 2. 29.09.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case for the offences registered under Sections 33 & 41 of the Indian Forest Act. The allegation against the petitioners is to the effect that he cut the tree standing by the side of the road and as such, committed the aforesaid offence. Learned counsel for the petitioner submits that on perusal of the Annexure-2, it would appear that petitioners even before lodging of the First Information Report informed the District Engineer of the District Board, Katihar that the tree standing by the side of the road has fallen and causing hindrance to the traffic on which the District Engineer directed the Work Inspector to remove the same. However, the petitioner has been implicated in this case. Learned counsel for the State is not in a position to - 2 - refute the submission on behalf of the petitioner Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Md. Ali Raza and Shivshankar Bhagat be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Offence Report No. CII240/2003 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)