Shiv Uraw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7074 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== SHIV URAW S/o Late Jatau Uraw @ Late Jatan Uranv R/o VillagePurainiya, P.S.-Manpur, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

In this case, the petitioner is apprehending his arrest in connection with Forest Case No. 19 of 2023 registered for the offences under Sections 2, 9, 27, 29, 31, 39 and 51 of Wild Life (Protection) Amendment Act, 2006.

3.

As per prosecution case, the Forest Department officials received confidential information about petitioner killing a protected wild animal and keeping its meat in the hut of the co-accused who used to sell it from there. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. No occurrence as alleged has

Patna High Court CR. MISC. No.7074 of 2024(2) dt.17-02-2024 2/3 ever taken place. Nothing incriminating has been recovered from the person or possession of the petitioner. No one has seen the petitioner hunting the protected animal and the recovery of article has been made from the hut of the co-accused. The petitioner undertakes to co-operate in the trial of the case as and when required. Petitioner has got no criminal antecedent. 5.

Learned APP vehemently opposes the submission made on behalf of the petitioner.

6.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner without any substantive material, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/court concerned in connection with Forest Case No. 19 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:- (I) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.7074 of 2024(2) dt.17-02-2024 3/3 petitioner.

(II) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) amitkr/- U T