Salamat Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42141 of 2019 Arising Out of PS. Case No.-368 Year-2010 Thana- PHULWARISHARIF District- Patna ====================================================== Salamat Nat, Age 50 Yrs, Male, S/O- Late Hanfun Resident of VillageMubarakpur, Bhusaula, Danapur, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Phulwarisharif P.S. Case No. 368 of 2010 registered for offences under sections 429/34 of the Indian Penal Code and Section 19, 27 of the Wild Life Protection Act, 1972. As per allegation made in the F.I.R., the accused persons including the present petitioner have killed the Nilgai and they were bringing the flesh of the Nilgai on Tampoo for their own use but, in the meantime, the tampoo of the petitioner was intercepted by the police but, he fled away from there.

Learned counsel for the petitioner submits that for certain period, the protection was withdrawn in connection with Nilgai

Patna High Court CR. MISC. No.42141 of 2019(2) dt.10-07-2019 2/2 and the involvement of the petitioner in the present case has been denied.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge cum Additional Chief Judicial Magistrate X, Patna in connection with Phulwarisharif P.S. Case No. 368 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T