Patna High CourtCR. MISC./44413/2023bail granted

Narsingh Disawa v. The State Of Bihar

2023-07-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44413 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Narsingh Disawa, S/o Late Shevan Disava @ Roan Disawa, R/O VillageMandiha, P.S.. Gaunaha, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Forest Case No. 31 of 2023 dated 05.03.2023 registered for the offences punishable under Sections 2, 9, 27, 29, 31, 32, 39, 44, 49(B) and 51 of the Wildlife Protection Act.

3. The main submissions advanced by the learned counsel for the petitioner are that against the petitioner there is a simple allegation of having remain involved in hunting the wild animals but when the forest officials raided, this petitioner was not apprehended and one co-accused namely, Channu Manjhi was apprehended who disclosed the name of this petitioner and other co-accused persons as being involved in the

Patna High Court CR. MISC. No.44413 of 2023(2) dt.25-07-2023 2/2 alleged crime relating to hunting of the wild animals and the alleged offences punishable under sections 2, 9, 27, 29, 31, 32, 39, 44, 49(B) and 51 of the Wildlife Protection Act are not made out against this petitioner and he has been languishing in jail since 07.03.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that when the co-accused was apprehended, any hunted wild animal was not recovered and moreover the petitioner was not apprehended at the spot, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Forest Case No. 31 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T