Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73554 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Munna Chaudhary, S/o Rambali Chaudhary, R/o Village- Shivpuri, P.S.- Valmikinagar, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 27, 29, 31 and 51(1) of the Wildlife Protection Act.

The prosecution case is that the on 10.08.2018 when Forest Range Officer, Jata Shankar received a secret information that some of the accused are cutting trees in the forest, a raiding team was constituted and the raid was laid. Two persons, namely,

Patna High Court Cr.Misc. No.73554 of 2018(2) dt.21-12-2018 2/3 Ramavtan Bhar and Ramayan Ram were found cutting tree and the petitioner Munna Choudhary managed to escape from the scene.

It is submitted by learned counsel for the pettioner that there is no recovery from the petitioner. The prosecution report does not suggest that CC T.V. footage suggests anything that the petitioner was cutting tree. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that there is specific accusation against the petitioner.

Considering the fact that the petitioner was not seen on the spot nor any recovery was made from him, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Bagaha, West Champaran in connection with I.F. Case No.94 of 2018

Patna High Court Cr.Misc. No.73554 of 2018(2) dt.21-12-2018 3/3 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U T