Basir Mian @ Basir Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83540 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== BASIR MIAN @ BASIR MIYAN SON OF ALAUDIN MIYAN RESIDENT OF VILLAGE- SEMRA PARASA, PS- MANUAPUL (OP), DISTT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvesh Kashyap For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Forest Case No. 88F of 2022, registered for the offences punishable under Sections 2, 9, 39, 43, 44, 49A, 49B, 50 and 51 of Wild Life Protection Act.
3. According to the prosecution, on the tip off, the informant, (Forest Range Officer) along with his higher officials having formed a raiding party, left for the spot. As soon as the departmental vehicle along with the forest workers reached the place of occurrence, the criminals started running away. On chase one of them was apprehended, who on interrogation disclosed his name as Tufail Alam. A dead Nilgaye was also recovered.
Patna High Court CR. MISC. No.83540 of 2023(2) dt.18-01-2024 2/2
4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Except the confessional statement of co-accused Tufail Alam, there is nothing against him and the petitioner is a person of clean antecedent.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah West Champaran in connection with Forest Case No. 88F of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T