IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78543 of 2024 Arising Out of PS. Case No.-8 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== 1. Krishna Ram S/o Amerika Ram Resident of Village Kajrain, P.S- NTPC, Kahira,Dist- Aurangabad. 2. Dharamendra Ram @ Sadhu Ram S/o Amerika Ram Resident of Village Kajrain, P.S- NTPC, Kahira,Dist- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Singh, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 8 21-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Forest Case No. 8 of 2020 (Tr. No. 536 of 2024), registered for the offences punishable under Section 33(C) of Indian Forest Amendment Act, 1989. 3. In order to enquire the allegation levelled in a complaint filed by the forester, the informant rushed to the place of occurrence and found some under-constructed house along with wooden logs. The accused persons were called for enquiry but they did not turn up. The construction is said to be under the reserved area of forest; accordingly, an FIR came to be instituted. Patna High Court CR. MISC. No.78543 of 2024(8) dt.21-05-2025 2/3 4. Learned Advocate for the petitioners contended that the plot, in question, over which the allegation of encroachment is levelled, the same is a khatiyani land of the petitioners and registered in the name of Santan Chamar vide Khata No. 12, Plot No. 1, Area 19 bigha & 4 kattha. The petitioners are said to be successor of Santan Chamar. It is further contended that the FIR came to be lodged without there being any measurement and demarcation of the land, much less no notice or any opportunity of hearing has been given to the petitioners. The petitioners undertake before this Court that they have always been ready to co-operate with the officials concerned and in case they will receive notice, they will co-operate in the proceeding and produce the documents in support of their lands. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the area, in question, as per the FIR appears to be a reserved forest area and the petitioners forcibly constructed house over it. 6. Regard being had to the submissions made on behalf of the parties and considering the claim of the petitioners that the land, in question, is khatiyani land and the FIR came to be lodged without any demarcation and measurement, let the petitioners above named Patna High Court CR. MISC. No.78543 of 2024(8) dt.21-05-2025 3/3 be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Forest Case No. 8 of 2020 (Tr. No. 536 of 2024), subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T