Prashant Kumar, J. - (1.) Anticipatory bail application filed by petitioners Bahadur Saw, Umesh Sao, Pankaj Chakravorty, Subhash Mahto @ Subhash Yadav, Shyam Lal Saw @ Sam Saw, Ganesh Mahto, Yugal Mahto @ Yugal Yadav, Vikram Sao, Mahadeo Paswan, Ruplal Yadav, Ishwar Mahto @ Ishwar Sao and Raju Saw @ Rajendra Prasad Saw is moved by Sri Deepak Kumar and opposed by Sri R. Mukhopadhyay, learned S.C.-II.
(2.) In the FIR, it is alleged that the petitioners are habitual offender and they were indulged in illegal mining. The aforesaid facts challenged by the petitioners and it is submitted that no case is pending till the date of lodging of the present FIR. Accordingly, a report called for from the Officer-in-Charge, Koderma Police Station. The Officer-in-Charge, Koderma Police Station by filing counter affidavit had reported that no case is pending against these petitioners. Thereafter the informant, who is Divisional Forest Officer, Wild Life Division, Hazaribagh has been show caused why he has given wrong information against the petitioners. In his show cause he admitted that against petitioners Bahadur Saw, Umesh Sao, Pankaj Chakravorty, Subhash Mahto @ Subhash Yadav, Ganesh Mahto, Yugal Mahto @ Yugal Yadav, Ruplal Yadav, Ishwar Mahto @ Ishwar Sao, before filing of the FIR, no case was pending. This shows that the allegation made against the aforesaid petitioners in the FIR that they are habitual criminal, is totally false. It is worth mentioning that informant, is holding a responsible post of Divisional Forest Officer but before filing F.I.R., he has not verified the facts and filed false case against aforesaid accused persons. In my view, it is very serious matter because some body may take advantage of this FIR and try to cause loss to the petitioners.
(3.) In that view of the matter, I direct the Principal Chief Conservator of Forest, Jharkhand to enter the aforesaid misdeeds of informant in his A.C.R., so that the same may be taken into account while considering his promotion.;