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Patna High Court

Ram Pravesh Mandal @ Banthu MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail under Section 482(2) of the BNSS.

Summary

The petitioner, Ram Pravesh Mandal, sought bail fearing arrest in a case involving alleged illegal removal of stone chips from a forest, charged under the Indian Forest Act, 1927 and the Wildlife Protection Act, 1972. The FIR described a seized tractor allegedly owned by the petitioner, though the driver fled and was later taken into custody. The petitioner claimed innocence, asserting that the stone chips were not loaded on his tractor and that he was implicated merely on suspicion, while also offering an undertaking to refrain from future offences. The State opposed bail, citing the seriousness of the offences. The Court, noting that the driver was already in custody and considering the petitioner's undertaking, granted bail subject to a bond of Rs. 10,000 with two sureties and specific conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the BNSS in a case involving alleged offences under the Indian Forest Act and the Wildlife Protection Act.
  • Whether the petitioner’s alleged involvement, based on suspicion, justifies denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Forest Act
  • Wildlife Protection Act
  • Section 482
  • suspicion
  • arrest
  • forest offences
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10242 of 2026
                  Arising Out of PS. Case No.-35 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL)
                                                      District- Munger
                 ======================================================
                 Ram Pravesh Mandal @ Banthu Mandal S/o Sulen Mandal R/o Village-
                 Ramsir, PS- Kiul, Distt.- Lakhisarai, Bihar
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rabi Bhushan
                 For the Opposite Party/s :     Mrs. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-02-2026                           Heard the parties.

                                   2. Petitioner apprehends his arrest in connection

                   with Case No.35C2/2023, registered for the offence punishable

                   under Sections 26, 33, 41, 42 of the Indian Forest Act, 1927 and

                   17A, 27, 29 and 32 of the Wildlife Protection Act, 1972.

                                   3. As per the FIR, the patrolling party noticed a

                   tractor plying on the road. On seeing the police party, the driver

                   of the tractor managed to escape, leaving the vehicle behind.

                   The tractor was allegedly loaded with stone chips illegally

                   brought from the forest area. The said tractor was seized, and

                   local people disclosed the name of the petitioner as its owner.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the stone chips were lying on the
Patna High Court CR. MISC. No.10242 of 2026(2) dt.25-02-2026
                                            2/3




          ground and were not found loaded on the tractor belonging to

          the petitioner, which is evident from the seizure list prepared by

          the Forest Department, appended as Annexure-P/1. It is

          contended that the petitioner has been made an accused merely

          on suspicion. The driver of the tractor, who was plying the

          same, has already been taken into judicial custody. He further

          submits that the petitioner undertakes to ensure that no such

          allegation is levelled against him in the future, and if upon

          verification the allegations are found to be true, liberty may be

          reserved to the State officials to take steps for cancellation of the

          bail bonds. Lastly, it is submitted that the petitioner has three

          criminal antecedents of a similar nature.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioner.

                          6. Taking into account that the driver has already

          been taken into judicial custody and considering the undertaking

          given by the petitioner, let the above named petitioner, be

          released on bail, in the event of his arrest or surrender before the

          learned Court below within a period of six weeks from today, on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Chief Judicial Magistrate, Lakhisarai/ Successor
               Patna High Court CR. MISC. No.10242 of 2026(2) dt.25-02-2026
                                                           3/3




                         Court in connection with Case No.35C2 of 2023 subject to the

                         conditions as laid down under Section 482(2) of the BNSS as

                         well as the following conditions:

                                      (i) One of the bailors should be the family

                         member/relative/known of the petitioner(s) who shall provide

                         official document/ personal affidavit to show his/her bona fide;

                                      (ii) the petitioner(s) shall appear on each and every

                         date before the Trial Court and failure to do so for two

                         consecutive       dates     without      plausible   reason   will   entail

                         cancellation of his/her/their bail bond by the Trial Court itself;

                                      (iii) the petitioner(s) shall in no way try to induce or

                         promise or threat the witnesses or tamper with the evidences,

                         failing which the State shall be at liberty to take steps for

                         cancellation of the bail bonds;

                                      (iv) the petitioner(s) shall desist from committing any

                         similar criminal offence again, failing which the State shall be at

                         liberty to take steps for cancellation of their bail bonds.



                                                                 (Ajit Kumar, J)
shikha/-

U          T


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