Nanhe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33262 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== 1.
Nanhe S/O Chhedi R/O Village- Pakari, P.S- kotwali Dehat, Distt.- Sultanpur( U.P.).
2.
Lathaitiya @ Ladetiya W/O Nanhe R/O Village- Pakari, P.S- kotwali Dehat, Distt.- Sultanpur( U.P.).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Forest Case No. 18 of 2025 registered for the offences punishable under Sections 9, 39, 40(2), 48, 48(A), 49(B) and 51 of Wild Life Protection Act, 1972.
3. The prosecution case, in brief, is that acting on information received from the Directorate of Revenue Intelligence (DRI), Patna, the informant, a forest official, conducted a search operation. During the course of the
Patna High Court CR. MISC. No.33262 of 2025(2) dt.26-05-2025 2/3 search, a bus bearing Registration No. BR-02-PB-9541 was intercepted and searched, wherein the petitioners were found in possession of bags containing 472 live and 9 dead Indian Roofed Turtles.
4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case. Petitioners are not arrested with illegal Turtle at the spot rather the police implicated the petitioners intentionally when the petitioners not obliged the forest officials. He further submits that petitioners have clean antecedent and they are in custody since 04.03.2025 in the present case. He also submits that after completion of investigation charge-sheet has been submitted against the petitioners in this case.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioners, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.33262 of 2025(2) dt.26-05-2025 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sherghati, Gaya in connection with Forest Case No. 18 of 2025 subject to the following conditions :- (i) Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.
(ii) One of the bailor shall be his family member. (S. B. Pd. Singh, J) prabhakar/- U T