AT PATNA CRIMINAL MISCELLANEOUS No. 7074 of 2024 · Patna High Court
Case at a glance
Provisions considered
- Wild Life (Protection) Amendment Act, 2006 ss. 2, 9, 27, 29, 31, 39, 51
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Bimlesh Kumar Pandey Mr.Jagdhar Prasad ORAL ORDER 2 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
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.
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.
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 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.
Learned APP vehemently opposes the submission made on behalf of the petitioner.
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 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. amitkr/- U T (Arun Kumar Jha, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.