Patna High Court
Nek Mohammad MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Forest Act — s. 33, 41, 42
- Wildlife (Protection) Act, 1972 — s. 2, 27, 29, 31, 39, 51, 9
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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