Gullu Chaudhary @ Galu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22685 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

Gullu Chaudhary @ Galu Chaudhary Son Of Sheopujan Chaudhary, Village -Patarkha Police station -Manuapool District -West Champaran 2.

Rajbali Chaudhary, Son Of Narsingh Chaudhary, Village -Patarkha Police Station -Manuapool District -West Champaran 3.

Krishna Chaudhary Son Of Moti Chaudhary @ Motilal Chaudhary, Village -Patarkha Police station -Manuapool District -West Champaran 4.

Kishun Chaudhary @ Srikishun Chaudhary, Son Of Bhuwal Chaudhary Village -Patarkha Police station -Manuapool District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-04-2024 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner no. 1, Gullu Chaudhary @ Galu Chaudhary.

2. Accordingly, the anticipatory bail application with regard to petitioner no. 1, Gullu Chaudhary @ Galu Chaudhary stands dismissed as withdrawn.

3. Heard learned counsel for the petitioner nos. 2 to 4 and learned A.P.P. for the State.

4. The petitioners apprehend their arrest in connection with Forest Case No. 97 of 2023, instituted under Sections 33,

Patna High Court CR. MISC. No.22685 of 2024(2) dt.22-04-2024 2/3 41, 42 and 50 of the Indian Forest (Bihar amendment) Act, 1927 and Sections 2, 9, 27, 29, 31, 39 and 51 of the Wildlife Protection Act, 1972 (amended in year 2006).

5. As per the prosecution case, on getting information about selling of illegal liquor and illegal fishing in the lake of Targhat, informant/ forest officer along with other personnel reached at Targhat and recovered various materials.

6. Learned counsel for petitioner nos. 2 to 4 submits that petitioners are innocent and have falsely been implicated in this case on the basis of suspicion. Petitioners were not caught on the spot nor any incriminating substance has been recovered from their possession. Petitioners are resident of nereby forest area and they have nothing to do with the occurrence as alleged. Petitioner nos. 2 and 3 have one criminal antecedent in which they are on bail whereas petitioner no. 4 has no criminal antecedent. Petitioners undertake to co-operate in the investigation of the case.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

8. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six

Patna High Court CR. MISC. No.22685 of 2024(2) dt.22-04-2024 3/3 weeks from today, the petitioner nos. 2 to 4 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Forest Case No. 97 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T