Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77668 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.

Rajesh Sahani Son of Kedar Sahni Resident of Village - Pchrukha Sirisiya Bhul Tola, P.S.- Naurangiya, Distt.- West Champaran. 2.

Ravindra Sahani @ Ravind Sahani @ Ravindra Chaudhary Son of Santu Sahani @ Santu Chaudharay Resident of Village - Pchrukha Sirisiya Bhul Tola, P.S.- Naurangiya, Distt.- West Champaran. 3.

Mahesh Bin Son of Dabri Bin Resident of Village - Pchrukha Sirisiya Bhul Tola, P.S.- Naurangiya, Distt.- West Champaran. 4.

Bachcha Sahani @ Chhotelal Kumar Son of Kedar Sahni Resident of Village - Pchrukha Sirisiya Bhul Tola, P.S.- Naurangiya, Distt.- West Champaran. 5.

Pataru Sahani Son of Madan Sahani Resident of Village - Pchrukha Sirisiya Bhul Tola, P.S.- Naurangiya, Distt.- West Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Prabhu Narayan Prabhakar, Adv.

For the Opposite Party :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Indian Forest Case No. 83 of 2019 (I.F. Case No. 83 of 2019) instituted for the offence under Section(s) 9, 27, 29 (2c) of the Wildlife Protection Act.

Referring to the seizure memo (Annexure-1) as well as statement of co-accused, namely, Brijesh Kumar, who was

Patna High Court CR. MISC. No.77668 of 2019(2) dt.06-12-2019 2/3 apprehended with the meat of Chital, it is submitted that the petitioners have been implicated in the instant case without any basis. The apprehended accused has not taken the name of the petitioners to be accompanying them or to be a party to the occurrence. The seizure memo also shows that the petitioners were not arrested with the meat in-question. The petitioners are having no criminal antecedent.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the court below, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM 1st Bagaha, West Champaran, in connection with Indian Forest Case No. 83 of 2019 (I.F. Case No. 83 of 2019) subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.77668 of 2019(2) dt.06-12-2019 3/3 address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T