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Patna High Court

Sk. Mohammad @ Mohammad KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.81816 of 2025(4) dt.11-02-2026
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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
Patna High Court CR. MISC. No.81816 of 2025(4) dt.11-02-2026
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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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