Kaushal Sharma @ Kaushal Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17659 of 2024 Arising Out of PS. Case No.-55 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== KAUSHAL SHARMA @ KAUSHAL MISTRI SON OF NANKUL MISTRI R/O- PIPRAHI, P.S.- MOHANPUR, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Forest Case No. 55 of 2020, dated 01.06.2020, for the offences punishable under Section 9(II), 50 of the Wild Life Protection Act.

3. As per prosecution case, the petitioner and other accused persons are alleged to have killed the deer and on raid, 4 kg. raw meat of deer and two axes stained with blood and one net were recovered from the house of co-accused Umesh Sharma.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the

Patna High Court CR. MISC. No.17659 of 2024(2) dt.01-04-2024 2/2 apprehended co-accused person. No incriminating material has been recovered from the house of the petitioner, hence no case is made out against the petitioner. The petitioner has no criminal antecedent stated in para 3 of the bail petition.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sherghati, District- Gaya in connection with Forest Case No. 55 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T