Rajendra Disawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52154 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

RAJENDRA DISAWA Son of Akalu Disawa Resident of Village-Mandiha, Police Station-Gaunaha, District-West Champaran. 2.

RAMAYAN DISAWA @ RAMAYAN MAHATO Son of Badal Mahato Resident of Village-Mandiha, Police Station-Gaunaha, District-West Champaran.

3.

NARSINGH MANJHI Son of Meghu Manjhi Resident of Village-Mandiha, Police Station-Gaunaha, District-West Champaran. 4.

SHANTANU MAHATO @ SHANTU MAHTO Son of Late Prasad Mahato @ Late Ramprasad Mahto Resident of Village-Mandiha, Police StationGaunaha, District-West Champaran. 5.

KAMAL DISAWA @ KAMAL MAHATO Son of Bandhu Disawa @ Bandhu Mahato Resident of Village-Mandiha, Police Station-Gaunaha, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case 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. As per prosecution case, petitioners have been made accused on the confessional statement of co-accused who was apprehended on the spot with incriminating articles for the

Patna High Court CR. MISC. No.52154 of 2023(2) dt.23-08-2023 2/2 purpose of hunting in the forest.

4. It is submitted that no incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery. Name of the petitioners transpired only on the basis of confessional of the co-accused. Petitioner Nos. 1 to 4 claim clean antecedent and petitioner No. 5 bears no criminal antecedent of similar nature.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Forest Case No. 31 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T