Dholan Kumar @ Avinash Kumar @ Dolan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24736 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

Dholan Kumar @ Avinash Kumar @ Dolan Kumar Son of Jiut Ram Resident of Village - Manpur Purainiya, P.O. - Chauhata, P.S.- Manpur, District - West Champaran 2.

Raj Kumar Bin @ Raju Kumar @ Raj Kumar Son of Motilal Bin Resident of Village - Manpur Purainiya, P.O. - Chauhata, P.S.- Manpur, District - West Champaran 3.

Bittu Kumar @ Dinesh Kumar @ Bitet Kumar Son of Arjun Bin Resident of Village - Manpur Purainiya, P.O. - Chauhata, P.S.- Manpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 2, 9, 27, 29, 31, 39 and 51 of the Wild Life Protection Act.

3. The prosecution story, in brief, is that on the alleged date and time of occurrence, forest officials caught three individuals involved in illegal hunting of a wild boar and from their possession, weapons and 5 Kgs. of board meat was found, who disclosed the name of these petitioners as their associates.

Patna High Court CR. MISC. No.24736 of 2025(2) dt.09-07-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely on the basis of confessional statement of co-accused. No incriminating article has been recovered from conscious possession of these petitioners. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 01.10.2024 passed in Cr. Misc. No. 62235 of 2025. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, fact that no incriminating articles were recovered from conscious possession of these petitioners, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.24736 of 2025(2) dt.09-07-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Forest Case No. 10 of 2024 (CIS No. 10/2024), subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T