Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63538 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- Nawada ====================================================== 1.

Rajesh Chaudhary Son Of Ramji Chaudhary Resident Of VillageRamraichak, Ps- Sirdala, Dist- Nawada 2.

Sunil Chaudhary Son Of Ramji Chaudhary Resident Of VillageRamraichak, Ps- Sirdala, Dist- Nawada 3.

Gorelal Chaudhary Son Of Jaddu Chaudhary Resident Of VillageRamraichak, Ps- Sirdala, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Adv For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with G.O (Forest) Case No. 251 of 2022 registered for the offences punishable under Sections 9 and 51 of the Forest Wild Conservation Act. They have got no criminal antecedent.

3. Learned counsel for the petitioner submits that the present FIR has been lodged for recovery of 40 kg pieces of meat of deer kept in the dickey of the car. Name of the petitioners were disclosed by the Forest Guard on the allegation

Patna High Court CR. MISC. No.63538 of 2023(2) dt.17-10-2023 2/3 that they managed to escape leaving the car on chase made by the Forest Guards.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the petitioners have no concern with recovered car.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case wherein it is submitted that these petitioners were not identified at the place of occurrence, their names have transpired on mere surmises and conjunctures and the Santro car from which the deer meat has been recovered does not belong to either of the petitioners, they have otherwise no criminal antecedent and they are ready to abide by the terms and conditions of which the privilege of anticipatory bail will be granted to them, this Court directs that in case of their arrest or surrender within a period of six weeks from today, the petitioners above named shall be released on bail in connection with G.O (Forest) Case No. 251 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63538 of 2023(2) dt.17-10-2023 3/3 learned C.J.M, Nawada, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) uttam/- U T