BINOD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioners are accused in a case registered under Sections 147/148/149/ 323/325/307/379/353 of the Indian Penal Code and under Section 33/42 of Indian Forest Act.

(2.) It is alleged in the writtten report that on 21.5.2011 at about 9.30 p.m. the petitioners were identified by the forest guard while they were carrying stones in a tractor. The forest guard tried to restrain them but could not succeed and they fled away with the tractor. When the informant and his party reached near the road to search out the tractor, they were assaulted by these petitioners and their associates. It is submitted that these petitioners have been falsely implicated in this case. There was no source of light during night and, therefore, identificatioin of the accused persons is doubtful. Furthermore, the story drawn by the informant appears to be false.

(3.) Learned counsel for the State opposed the prayer.