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Patna High Court

Nek Mohammad MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Nek Mohammad Mian, applied for anticipatory bail in a case alleging violations of Sections 33, 41 and 42 of the Indian Forest Act and Sections 2, 9, 27, 29, 31, 39 and 51 of the Wildlife Protection Act, 1972, for alleged grazing of his cattle in a forest that led to the destruction of 151 plant varieties. He contended that he has a clean record, that the cattle were not identified as his, and that the forest officials might be responsible for the damage. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions of Section 482(2) of the CrPC. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under the Indian Forest Act and the Wildlife Protection Act.
  • Whether the petitioner can be positively linked to the cattle that allegedly grazed in the forest and caused plant destruction.
  • Whether the seriousness of the alleged offences warrants denial of bail under the inherent powers of the High Court.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Forest Act
  • Wildlife Protection Act
  • Section 482 CrPC
  • forest offences
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79182 of 2025
                 Arising Out of PS. Case No.-113 Year-2023 Thana- FOREST (GOVERNMENT OFFICIAL)
                                                 District- West Champaran
                 ======================================================
                 Nek Mohammad Mian S/O Samsuddin Mian @ Samasudan Miyan R/O
                 Village- Bhatwaliya, P.S- Bairiya, Distt.- West Champaran.

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sarvesh Kashyap
                 For the Opposite Party/s :    Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 33, 41 and 42 of Indian Forest Act and Sections 2, 9,

                   27, 29, 31, 39 and 51 of the Wild Life Protection Act, 1972.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that cattle of petitioner and other accused

                   persons after breaking the fence of the forest were found grazing

                   in the forest area on account of which 151 varieties of new

                   plants were destroyed. Further, despite hectic efforts the cattle

                   could not be got as there was no rope around the forest area.
Patna High Court CR. MISC. No.79182 of 2025(2) dt.06-01-2026
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                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the complaint, it would manifest that the

          forest authorities found cattle grazing in the forest area but they

          were not able to apprehend even one cattle which casts an

          aspersion on the case of the prosecution that as to whether 151

          plants of varieties were destroyed by the cattle who grazed in

          the forest area or the same was destroyed by the forest officials.

          It is also submitted that it absolutely does not stand to reason

          that on what basis it is being alleged that the cattle was found

          grazing in the forest area were identified as that of the petitioner.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/successor Court in connection with Forest Case No.113
               Patna High Court CR. MISC. No.79182 of 2025(2) dt.06-01-2026
                                                           3/3




                         of 2023, subject to the conditions laid down under Section

                         482(2) of the B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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