Patna High Court
Vijay Prasad @ Vijay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail is appropriate, subject to a bail bond, sureties, and conditions including a Rs. 50,000 payment to the Forest Range Officer.
Summary
Vijay Prasad was implicated in the death of a tiger found in his wheat field, with the FIR alleging that live electric fencing caused the tiger's death, invoking multiple offences under the Wildlife (Protection) Act. The petitioner contended that he does not own the land, that the investigation was superficial, and highlighted his serious kidney ailment. He also offered to donate Rs. 50,000 to the forest authorities as a gesture for tiger conservation. The State opposed bail, asserting that the field belonged to the petitioner. Considering the petitioner’s lack of criminal antecedents, health condition, and the disputed ownership, the Court granted anticipatory bail with a bail bond of Rs. 10,000, two sureties, and several conditions including the Rs. 50,000 payment to the Forest Range Officer. The order directs the petitioner to appear before the trial court and cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Wildlife (Protection) Act offences.
- Whether the petitioner’s alleged non‑ownership of the land and lack of thorough investigation justify bail.
- Whether the petitioner’s health condition and willingness to contribute financially affect the bail decision.
- Whether imposing a condition of a Rs. 50,000 payment to the Forest Range Officer is permissible.
Legislation cited
- Wildlife (Protection) Act, 1972 — s. 2, 39, 49A, 49B, 50, 51, 52, 9
Subjects
- anticipatory bail
- Wildlife (Protection) Act
- tiger death
- forest law
- health grounds
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37676 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- FOREST (GOVERNMENT OFFICIAL)
District- West Champaran
======================================================
Vijay Prasad @ Vijay Sah S/O Mahendra Sah @ Mahendra Prasad R/O
Village- Purainiya, P.S.- Manpur, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Forest Case No. 11 of 2026 for the offence
under sections 2, 9, 39, 49A, 49B, 50, 51 and 52 of the Wildlife
(Protection) Act.
3. As per the prosecution story, the Forest Range
Officer, Manpur Forest Range lodged the FIR alleging that
while tiger tracking, they reached the place and found the dead
tiger in the wheat field of the petitioner at a distance of one
kilometer from the Forest House No. S/66. It was further found
that the area of the wheat field was fenced with naked electric
wire to protect it from the animals and which was live. Further,
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the male tiger was examined by the Divisional Forest Officer,
Valmiki Tiger Reserve, Bettiah as also the Veterinary doctor and
the iron fencing wire was found inside the mouth as also the
burns marks were there. The informant and team were able to
seize the iron wire, the power plug as also the other electrical
materials. This led to the FIR.
4. Learned counsel for the petitioner with the help of
paragraph nos. 6 and 7 submits that on a wrong notion and only
on suspicion, he has been implicated. A categorical statement
has been made that the petitioner do not own the said land and
no thorough investigation has been made. Further, only on the
basis of hearsay of some locals, the petitioner stands implicated.
5. The petitioner is suffering from the kidney related
issues and is regularly visiting Safdurjung Hospital, New Delhi.
The last submission is that he is also perturbed with the death of
the endangered species and for the upliftment and to make it
sure that the said species increase in number in the Valmiki
Tiger Reserve, would like to contribute a sum of Rs. 50,000/-
through Demand Draft issued by the local branch of the State
Bank of India issued in the name of Forest Range Officer,
Manpur Forest Range.
6. Learned APP opposes the prayer submitting that the
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FIR shows that it was the petitioner’s field.
7. Taking into account the submissions of the parties
as also that the petitioner has disowned the land, the
investigation is on, he do not have criminal antecedent and is ill,
as recorded above, in that background, this Court is inclined to
extend him the privilege of anticipatory bail with conditions
subject to Rs. 50,000/- through Demand Draft issued by the
local branch of the State Bank of India issued in the name of
Forest Range Officer, Manpur Forest Range.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned CJM, Bettiah, West Champaran in
connection with Forest Case No. 11 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
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dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
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