Patna High Court
Oshiyar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Oshiyar Chaudhary, applied for anticipatory bail in a forest case (Case No. 05 of 2022) involving alleged illegal hunting and trapping of a Nilgai under several sections of the Wildlife Protection Act. The prosecution alleged that co-accused identified the petitioner as participating in the offence and highlighted his six prior criminal convictions. The Patna High Court considered the seriousness of the wildlife offence, the petitioner’s alleged involvement, and his criminal antecedents. Concluding that these factors outweighed the grounds for anticipatory bail, the Court rejected the application. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which the police would be directed to arrest him. The order was limited to the anticipatory bail application and does not prejudice later proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the nature of the wildlife offence and his prior criminal record
Legislation cited
- Wildlife Protection Act — s. 2, 39, 43, 44, 49(a), 49(b), 51, 9
Subjects
- anticipatory bail
- wildlife protection
- illegal hunting
- Nilgai
- criminal antecedents
- bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6173 of 2025
Arising Out of PS. Case No.-5 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL)
District- West Champaran
======================================================
Oshiyar Chaudhary son of Late Ganesh Chaudhary Village- Patarakha, Police
station -Manuapool District- west Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Forest Case No. 05 of 2022 registered for offences under
Sections 2, 9, 39, 43, 44 49(a), 49(b) and 51 of the Wildlife
Protection Act.
3. As per the prosecution case, some persons were
found hunting in the forest and they had trapped a Nilgai. One
of the co-accused had named this petitioner as one of the
persons involved in the crime. The petitioner has six criminal
antecedents.
4. Considering the nature and the gravity of the
offence, the involvement of the petitioner in illegal hunting, the
Patna High Court CR. MISC. No.6173 of 2025(3) dt.10-03-2026
2/2
trapping of a Nilgai and the criminal antecedents, this Court is
not inclined to grant the privilege of anticipatory bail to the
petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, West
Champaran will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, West Champaran through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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