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Patna High CourtCR. MISC./26202/2023bail granted

Amerendra Chaudhary @ Amrendra Chaudhary v. The State Of Bihar

2023-07-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26202 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

AMERENDRA CHAUDHARY @ AMRENDRA CHAUDHARY SON OF LAXAMI CHAUDHARY @ LAXMI SHARAN CHAUDHARY R/O VILLAGE- WARD NO.12, BAGHI BAGHAMBARPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN 2.

SANT CHAUDHARY SON OF KHEDARU CHAUDHARY R/O VILLAGE- WARD NO.12, BAGHI BAGHAMBARPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 2, 9, 39, 43, 44, 49(A), 49(B) and 51 of the Wildlife Protection Act. Allegedly, petitioners, along with other accused persons, are said to have indulged in hunting of a Nilgai. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.26202 of 2023(2) dt.13-07-2023 2/2 general and omnibus in nature. Petitioners were not apprehended on the spot. Their name has been transpired in this case merely on the basis of the confessional statement of the apprehended co-accused. Similarly situated co-accused, namely, Sheru Mian has been enlarged on bail by this court vide order dated 04.07.2023 passed in Cr. Misc. No. 22944 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted bail, 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. 05 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T