Lala Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46852 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ====================================================== Lala Bind son of Devnath Bind, resident of village-Kilani, PS-Chand, District-Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Pratap Singh, Adv. For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Forest Case No. 26 of 2017 registered for offences punishable under sections 9 and 50 of the Wild Life Protection Act, 1972. The allegation, as per official complaint lodged by the Forester, is that some of the villagers were driving away a deer which crossed over the road and came under the wheel of a vehicle got injured and thereafter, the villagers killed the deer. When the informant and other official reached at the place of occurrence, they found this petitioner carrying the head and leg of the deer.

It has been submitted that the petitioner is an illiterate rustic person residing in jungle and he has been falsely implicated

Patna High Court Cr.Misc. No.46852 of 2017 (2) dt.21-09-2017 2/2 in this case. The meat of deer was recovered from the house of another person and there is no medical report to justify the case of killing the deer. It has been further submitted that the said deer died on account of accident caused by a vehicle and the petitioner had no role at all in killing the deer. He has been apprehended by Forest Officials merely on suspicion. It has been further submitted that other co-accuseds, namely, Santosh Kumar Singh @ Santosh Singh and Gurudev Jaiswal @ Gurudeo Kumar Jaiswal have been allowed anticipatory bail by one of the coordinate Bench of this Court on 16.08.2017 in Cr. Misc. No. 37832 of 2017 and so, the petitioner who is in custody since 03.06.2017 also deserves to be enlarged on bail. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the nature of allegation, facts and circumstances of the case, the prayer of bail is allowed and the petitioner-Lala Bind is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Forest Case No. 26 of 2017.

Mahesh/- (Sanjay Kumar, J) U T