Amrish Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3552 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== AMRISH KUMAR DUBEY S/o Bashisht Dubey R/o Village- Dubeydihari, P.O.- Natwar Khurd, Natwar Khurd, Rohtas, Bihar- 802218. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Forest Case No. 62 of 2020 (Rohtas Forest Range) registered for the offence punishable under Sections 39(iii), 42(2), 48, 48A, 49, 49B, 49C(7) Wildlife Protection Act, 1972.

Allegation against petitioner is that he is indulged in doing the business of selling Nail and Khal of Leopard. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is a graduate student and alleged recovery shown from his possession is totally false and fabricated and same is

Patna High Court CR. MISC. No. 3552 of 2021(3) dt.23-03-2021 2/2 stated to be a piece of Khal of Indian Pangolin. Petitioner has no criminal antecedent and is in custody since 29.08.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sasaram, in connection with Forest Case No. 62 of 2020 (Rohtas Forest Range) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T