Patna High CourtCR. MISC./53151/2023bail granted

Kundan Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53151 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Kundan Kumar, S/O Late Narayan Ram R/O Village- Andar Kila, Tekari, Ward No. 11, Ps. Tekari, Dist. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Forest Govt. Official P.S. Case No. 43 of 2023 dated 04.05.2023 registered for the offences punishable u/ss 9, 39, 49 and 49B of the Wild Life Protection Act and u/ss 41 and 42 of the Indian Forest Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kept the skin of tiger in the kabadi shop which was recovered by police.

Patna High Court CR. MISC. No.53151 of 2023(2) dt.24-08-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this court vide order dated 21.07.2023 passed in Cr. Misc. No. 40794 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Forest Govt. Official Case No. 43 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.53151 of 2023(2) dt.24-08-2023 3/3 reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T