Awadesh Mahato @ Avadhesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84066 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

AWADESH MAHATO @ AVADHESH MAHTO S/o LATE SHANKAR MAHTO R/o vill - Nanhakar Lakar, Dhobini, P.S. - Lauria, Distt. - West Champaran. Present R/o - Parsa Tandi, P.S. - Sahodra, Distt. - West Champaran 2.

TULSI MAHATO @ TULSHI MAHTO S/O LATE BHARAT MAHATO @ LATE BHAGAT MAHTO R/O VILLAGE- NANHAKAR LAKAR, DHOBINI, PS. LAURIA, DIST.WEST CHAMPARAN, . PRESENTLY RESIDING AT VILLAGE- PARSA TANDI, PS. SAHODRA, DIST.WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 2, 9, 27, 29, 31, 39 and 51 of Wild Life Protection Act, 1972 and its Amended, 2006. 3.

Allegedly, one Harihar Mahato was apprehended by the police on the charges of illegal trapping and killing of forest animals and he disclosed the name of the petitioners as his associates. From the possession of Harihar Mahato, trapping equipment i.e. Motor Cycle clutch wires have been recovered. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.84066 of 2023(2) dt.11-01-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. Their name has transpired in this case on the confessional statement of the apprehended co-accused Harihar Mahato, with whom the petitioners have inimical terms. No incriminating article has been recovered from the conscious physical possession of the petitioners. There is no specific allegation against the petitioners and they have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned court below where the case is pending/Successor Court in connection with Forest Case No.70 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T