Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12127 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== 1.

RAHUL KUMAR Son of Dashrath Choudhary Resident of Village - High School Vala Gali, Shanti Nagar, Bikramganj, P.S.- Bikramganj, District - Rohtas.

2.

Rakesh Kumar Son of Dashrath Choudhary Resident of Village - High School Vala Gali, Shanti Nagar, Bikramganj, P.S.- Bikramganj, District - Rohtas.

... ... Petitioners.

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 39 (III), 40 (2), 48, 48 (A), 49, 49 (B) and 49 (C)7 of Wild Life Protection Act, 1972 and Section 174 of the Indian Penal Code. The allegation against the petitioner is that he in association of other co-accused is said to have involved in the

Patna High Court CR. MISC. No.12127 of 2021(2) dt.11-01-2022 2/2 trade of khal and Nakhun of wild animal. The petitioner has been made accused on the confessional statement of arrested coaccused. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case on the confessional statement of arrested co-accused. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no recovery from the conscious physical possession of the petitioner. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Forest Case No.62 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T