Deepak Tapedar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11949 of 2021 Arising Out of PS. Case No.-125 Year-2003 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== DEEPAK TAPEDAR S/O LATE GOPAL TAPEDAR Resident of 48/4A B.T. Road, Kolkata-700050 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Prasad, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects pointed out by the office, within four weeks. In the eventuality of non-removal of defects within this period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Complaint Case No.C-II-125/2003, registered for the offence punishable under Sections 41, 42, 43, 47, 50(C) and 51 of the Indian Wildlife Act-1972 and sections 11, 26, 34, 35 of the Prevention of Cruelty to Animal Act-1960.

The allegation against the petitioner along with other accused persons is that he failed to produce the Ownership

Patna High Court CR. MISC. No.11949 of 2021(3) dt.08-12-2021 2/3 certificate and all government certificate with regard to the wild animals being exhibited in the Natraj Circus. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Similarly situated co-accused has been granted the privilege of anticipatory bail vide order dated 04.05.2009, passed in Cr. Misc. No.15352 of 2009. It is admitted fact that the petitioner has filed the anticipatory bail application after eleven years of the occurrence but the warrant was issued against the petitioner in the year 2019 only. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner named above.

Accordingly, the instant anticipatory bail application is dismissed.

However, the petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail.

The learned court below is directed to consider and

Patna High Court CR. MISC. No.11949 of 2021(3) dt.08-12-2021 3/3 dispose of the case of the petitioner, on the same date, in accordance with the merits of the case without being prejudiced by the dismissal of the present application. (Anjani Kumar Sharan, J) pallavi/- U T