Vijay Prasad @ Vijay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37676 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Vijay Prasad @ Vijay Sah S/O Mahendra Sah @ Mahendra Prasad R/O Village- Purainiya, P.S.- Manpur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Forest Case No. 11 of 2026 for the offence under sections 2, 9, 39, 49A, 49B, 50, 51 and 52 of the Wildlife (Protection) Act.
3. As per the prosecution story, the Forest Range Officer, Manpur Forest Range lodged the FIR alleging that while tiger tracking, they reached the place and found the dead tiger in the wheat field of the petitioner at a distance of one kilometer from the Forest House No. S/66. It was further found that the area of the wheat field was fenced with naked electric wire to protect it from the animals and which was live. Further,
2/4 the male tiger was examined by the Divisional Forest Officer, Valmiki Tiger Reserve, Bettiah as also the Veterinary doctor and the iron fencing wire was found inside the mouth as also the burns marks were there. The informant and team were able to seize the iron wire, the power plug as also the other electrical materials. This led to the FIR.
4. Learned counsel for the petitioner with the help of paragraph nos. 6 and 7 submits that on a wrong notion and only on suspicion, he has been implicated. A categorical statement has been made that the petitioner do not own the said land and no thorough investigation has been made. Further, only on the basis of hearsay of some locals, the petitioner stands implicated.
5. The petitioner is suffering from the kidney related issues and is regularly visiting Safdurjung Hospital, New Delhi. The last submission is that he is also perturbed with the death of the endangered species and for the upliftment and to make it sure that the said species increase in number in the Valmiki Tiger Reserve, would like to contribute a sum of Rs. 50,000/- through Demand Draft issued by the local branch of the State Bank of India issued in the name of Forest Range Officer, Manpur Forest Range.
6. Learned APP opposes the prayer submitting that the
3/4 FIR shows that it was the petitioner's field.
7. Taking into account the submissions of the parties as also that the petitioner has disowned the land, the investigation is on, he do not have criminal antecedent and is ill, as recorded above, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to Rs. 50,000/- through Demand Draft issued by the local branch of the State Bank of India issued in the name of Forest Range Officer, Manpur Forest Range.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Forest Case No. 11 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
4/4 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T