Patna High Court
Sk. Mohammad @ Mohammad KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed.
Summary
The petitioners, three residents of Sirisiya Maath, were implicated in a 2012 forest‑related case alleging illegal felling of Sheesham, Jamun and Putrajiva trees and assault on forest officials during a seizure operation. They contend they were not present at the incident, no incriminating material was recovered from them, and the FIR was lodged after an unreasonable delay. The petitioners highlighted their cooperation with the investigation, the extension of the benefit of Section 41A CrPC, and the absence of any process under Sections 82 or 83 CrPC against them. The State opposed the grant of bail. Considering the lack of material evidence, the delay in filing the FIR, and the petitioners’ cooperation, the Court exercised its inherent powers to grant anticipatory bail subject to conditions. The order directed the petitioners to furnish bail bonds of Rs 10,000 each with two sureties and stipulated that one bailor be a close relative.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the pending FIR and charge‑sheet.
- Whether the delay in lodging the FIR and the absence of material evidence justify bail.
- Whether the petitioners’ cooperation and the benefit of Section 41A CrPC affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41A, 482, 82, 83
- Indian Forest Act — s. 17, 27, 29, 33, 42, 44, 9
- Indian Penal Code — s. 323, 34, 341, 357
Subjects
- anticipatory bail
- forest offences
- illegal felling
- Indian Penal Code
- Indian Forest Act
- Section 41A CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81816 of 2025
Arising Out of PS. Case No.-163 Year-2012 Thana- BAIRIYA District- West Champaran
======================================================
1. Sk. Mohammad @ Mohammad Khan Son of Late Majid Khan. Resident of
Village- Sirisiya Maath, Police Station -Bairiya, District-West Champaran.
2. Safik Khan Son of Hakim Khan. Resident of Village- Sirisiya Maath, Police
Station -Bairiya, District-West Champaran.
3. Tofik Khan @ Taafik Khan Son of Hakim Khan. Resident of Village-
Sirisiya Maath, Police Station -Bairiya, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Bairiya P.S. Case No. 163 of 2012 for the
offence under Sections 341, 323, 357 and 34 of Indian Penal
Code, Sections 9, 17, 27 and 29 of the Forest Act and Sections
33, 44 and 42 of Indian Forest Act.
3. As per the prosecution story, the informant has
alleged that on 07.07.2012, he along with other Forest Guards
and soldiers were on patrolling in the Balua Rampurwa area to
inspect and monitor forest resources. During the course of
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patrolling, the informant received secret information that all the
F.I.R. named accused persons had illegally felled green trees of
Sheesham, Jamun, and Putrajiva from the forest and stored
them near their houses. Acting on this information, the
informant along with his team immediately proceeded to the
location near the house accused persons. On inspection, they
found cut wood of Sheesham, Jamun, and Putrajiva trees
stacked near the house of accused persons. Upon comparing the
roots of the remaining trees in the forest with the cut wood, it
was evident that the wood had been felled from the forest
illegally. At approximately 6:15 P.M., the team began lifting the
forest wood and loading it onto a Bolero camper. Four pieces of
cut wood were weighed and loaded for seizure. At this stage, the
accused persons along with their family members and local
villagers gathered and forcibly unloaded the seized wood from
the Bolero camper. They began verbally abusing and
misbehaving with the informant and other forest officials and
accused also attacked the team with sticks and swords and
threatened them of dire consequences, including the threat of
implicating them in false cases.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
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present case. It is contended that neither the petitioners were
present at the place of occurrence nor any incriminating material
been recovered from their conscious possession. The names of
the petitioners have transpired merely on the basis of suspicion,
and even during the course of investigation, no conclusive
material evidence has been found against them. Learned counsel
further submits that the F.I.R. has been lodged after considerable
delay without any plausible explanation. It is also submitted
that, as per the impugned order, after completion of
investigation, charge-sheet has been submitted and cognizance
has already been taken against the petitioners. It is further
mentioned in the impugned order that the benefit of Section 41A
Cr.P.C. was extended to the petitioners during the investigation
by the Investigating Officer, and the petitioners have fully
cooperated with the investigation and have not caused any
hindrance or obstruction in the same. It is also submitted that till
date, no process under Sections 82 and 83 of the Cr.P.C. has
been issued against the petitioners.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
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of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bettiah, West Champaran, in connection with Bairiya P.S. Case
No. 163 of 2012 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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