Raju Beg v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8259 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- Rohtas ====================================================== RAJU BEG S/O LATE KUDUS BEG R/O VILLAGE- LANGI, P.S.- CHENARI, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Forest Case No. 11/2023 registered under Section 51 of the Wild life Protection Act.

3. As per the prosecution story, on secret information about killing of black deer, the Forest Officials after forming the team reached Chenari police station, confronted the SHO and checked BR-24T-XX05 and found meat of dead black deer as also the head. The entire search operation was videographed and then upon enquiry, the SHO informed that on information he had intercepted Raju Beg amongst other while others ran away along with the 5 K.G. meat and head of the deer's horn.

Patna High Court CR. MISC. No.8259 of 2024(3) dt.18-04-2024 2/3 However, he was released on bond.

4. As the statement put forward by the SHO, Chenari police station was found unsatisfactory as they chose to release the accused and never informed the Forest Officials, the FIR.

5. Though learned counsel for the petitioner tried to impress upon the Court, his name has come in the confessional statement of Sirajudaulla Beg @ Serajudaulla Beg, nothing has been recovered from his conscious possession.

6. Learned APP for the State pointed out that a bare perusal of the FIR would show that the police of the Chenari police station were hand in glove which naturally facilitated the petitioner not only to get away with the earlier arrest, ample time was provided to him so that he can dispense with the weapon/meat of the black deer.

7. A comprehensive counter affidavit has been filed by the Forest Officials and the role of the Chenari police station, especially SHO is also under the lens.

8. Though, learned counsel for the petitioner further submits that two of the accused persons who have been extended relief by the Sessions Court itself, learned APP for the State points out that those cases cannot be equated with this petitioner who is the main culprit and allegation is of killing the

Patna High Court CR. MISC. No.8259 of 2024(3) dt.18-04-2024 3/3 black deer by opening fire. Further unlike the two accused persons whom the Sessions Court granted relief in his case, in his case the said relief was denied.

9. The petitioner being the main culprit as allegation has come who killed the black deer, it is certainly not a fit case for grant of anticipatory bail which is accordingly rejected.

10. However, if the petitioner surrenders within a period of four weeks from today, the Court concerned shall take up the matter and dispose of the same without being prejudiced by any of the observation made therein preferably on the same day.

(Rajiv Roy, J) Jagdish/- U T